Tambuwal, Ihedioha Reject PDP in Battle For House
Reps’ leaders urge court to dismiss suit to stop leadership change
The legal battle over the House of Representatives leadership took a new turn
yesterday.
Speaker Aminu Tambuwal, other principal officers and members, who defected
to the All Progressives Party (APC), objected to the suit by the Peoples’
Democratic Party (PDP), seeking to prevent leadership change in the House.
Tambuwal and 52 others, named as defendants, queried the jurisdictional powers
of a Federal High Court in Abuja to hear the suit, which primarily seeks to
restrain the defendants from effecting any changes in the composition of the
House’s leadership.
To Tambuwal and others, the PDP lacks the locus standi to institute the suit,
which, in their view, is an abuse of court process. Besides, to them, it is
also not justiceable as it touches on the internal affairs of the House, over
which the court lacks jurisdiction.
It is also their contention that the case amounts to an academic or
hypothetical exercise.
The above formed the core of submissions by the defence team, who argued the
objection at the resumed hearing of the case yesterday before Justice Adeniyi
Ademola.
The team, which includes Adeniyi Akintola (SAN), Mahmud Magaji (SAN),
Sebastine Hon (SAN), Abiodun Owonikoko (SAN) and Eric Apia prayed the court to
either dismiss or strike out the suit.
Magaji (for House of Reps, Tambuwal and Deputy Speaker, Emeka Ihedioha) argued
that the suit amounted to an abuse of court process because it was predicated
on a similar suit pending before another judge of the same court.
He argued that the PDP lacked the locus standi to institute the suit because
it is not a member of the House of Representatives and could not interfere in
the internal businesses of the House.
Magaji urged the court to dismiss the suit.
Akintola said the defendants were challenging the jurisdiction of the court to
hear the case in view of the provisions of Sections 23 and 30 of the
Legislative House’s Powers and Privileges Act, Cap L12 Laws of Nigeria 2004.
He argued that by virtue of those provisions, all courts are barred from
enquiring into how principal officers of a legislative house exercise their
powers.
Akintola argued that the exercise of such powers could only be questioned if
they are exercised in breach of constitutional provisions. He contended that
it was unlawful for the PDP to seek to preemptively restrain the principal
officers of the House, and other defendants in the suit from exercising their
constitutional powers.
He also noted the similarity in the suit and the earlier one before Justice
Mohammed. He argued that both cases were seeking primarily, the interpretation
of Section 68 (1) (g) of the Constitution.
Akintola argued that the reliefs sought in both cases were intertwined and
urged the court to strike the suit out on grounds of abuse of court process.
Hon queried the plaintiff’s right to sue on behalf of members of the APC, who
are also principal members of the House.
He argued that even where the PDP could sue to protect the position of its
members in the House, it cannot act in a similar manner in relation to other
principal members who belong to APC, without their consent.
Relying on the provision of Section 50(1)(b) of the Constitution, Hon queried
the PDP’s right to bother itself about how members of the House organise
themselves when it is not a member.
“In this case, PDP is an interloper and a busybody. Section 50(1)(b) of the
Constitution has created a vested interest that belongs to a certain class of
people, who are members of the House. PDP, not being a member of the House,
has no standing to institute this action,” Hon said.
Relying on Section 60 of the Constitution, Hon argued that the House has the
powers to regulate its procedures. He added that by virtue of the provision of
section 60 of the Constitution, the “PDP lacks the powers to dabble in the
internal affairs of the House”.
Owonikoko argued that the case was an abuse of the process because it was
predicated on the existing case before Justice Mohammed.
He urged the court to dismiss it.
Justice Ademola adjourned till February 14 for the plaintiff to respond and
argue its originating summons.
The PDP, in its originating summons, urged the court to determine whether, in
view of the mandatory provision of Section 68(1)(g) of the Constitution, and
in view of the pendency of an earlier suit by the defecting lawmakers, they
(the defecting legislators) can participate in any proceedings to remove the
House’ principal officers.
The party would like the court to determine whether, in view of the provision
of Section 68(1)(g) of the Constitution and the pending suit by the defecting
legislators, they (the defecting lawmakers) can lawfully alter the composition
or constitution of the House’s leadership.
It is praying the court to declare that in view of Section 68(1)(g) of the
Constitution and the pending case marked: FHC/ABJ/CS/621/2013 the defecting
lawmakers “cannot lawfully vote and contribute to any motion for the removal
or change of any of the principal officers” of the House.
PDP also urged the court to declare that the defecting lawmakers, who are
plaintiffs in the earlier suit before Justice Ahmed Mohammed of the same
court, “are not competent to sponsor, contribute or vote on any motion calling
for the removal or change in the leadership of the House or the removal of any
principal officers of the House”.
It prayed the court for an order of perpetual injunction restraining the
defendants from “altering or changing the House’s leadership.
The PDP filed an application for interlocutory injunction restraining the
defendants from altering the leadership of the House, pending the
determination of the substantive suit.
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