COURT ORDERS PDP REPS WHO DEFECTED TO APC TO VACATE THEIR SEATS
Category: Nigerian National News
Court restrains APC defected reps from changing House principal officers.
THE Federal High Court sitting in Abuja, on Monday, held that lawmakers
who defected to the All Progressives Congress (APC) from the Peoples
Democratic Party (PDP) have no business again in the House of
Representatives, since they left the party that brought them in.
The court held that members in the House who defected from PDP to the opposition party could not validly function as members of the House, because their defection was unconstitutional.
This came as the court stopped the House of Representatives from changing its principal officers, adding that the defected lawmakers ought to have resigned honourably and left the House.
The affected lawmakers have, however, said they will challenge the judgment at the Court of Appeal.
The PDP had sued the House of Representatives and listed as second to 10th defendants all the principal officers of the House, while the defected lawmakers were cited in the matter as the 12th to 53rd defendants.
Speaker of the House, Honourable Aminu Tambuwal, had joined forces with APC lawmakers in asking that the suit be dismissed for want of merit.
Delivering judgment in the suit, Justice Adeniyi Ademola held that the Ooriginating summons was justiceable and hence, the court had jurisdiction to entertain it.
On the issue of abuse of court process which was raised by the defendants, the court held that the plaintiff in the instant case was a defendant in other cases and hence the issue of abuse of court process did not arise.
On locus standi, he held that the plaintiff had locus to file the suit, as the court, having determined all the objections raised by the defendants, entered jurisdiction to entertain the suit.
The court further held that in view of the provision of Section 68(1)(g) of the 1999 Constitution, the 12th to 53rd defendants could not effect changes in the leadership of the House, could not vote to remove the leadership or sponsor a motion to that effect.
It, however, granted an order of perpetual injunction restraining the 12th to 53rd defendants from effecting change in the leadership of the House.
Justice Adeniyi also granted an order restraining the defendants from altering, tampering or moving towards effecting change in the leadership of the House.
At the hearing stage, the PDP had asked the court to, among others, restrain Tambuwal, other principal officers of the House and its defecting members from taking any step “to alter or change its leadership.”
An officer of the PDP, Nanchang Ndam, had stated in a supporting affidavit that while the defection of some of the defendants was still a subject of litigation before Justice Mohammed, the defendants, particularly the minority leader, Femi Gbajabiamila, had issued threats to change the leadership of the House.
The plaintiff, in the suit marked FHC/ABJ/CS/2/2014, wanted 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, whether they (the defecting legislators) can participate in any proceedings to remove the House principal officers.
But the defendants, in their 18-paragraph counter-affidavit deposed to by one Mr Mike Msenge, told the court that from prolonged practice of the House, the political party with majority of members formed its core leadership.
They argued that PDP was not a human being but one of the registered political parties in Nigeria, adding that the leadership seats in question were being occupied by human beings.
They added that with the defection of the 12th to 53rd defendants from the plaintiff to the APC on December 18, 2013, the plaintiff had lost its majority status.
Arguing through their team of counsel led by Mr Sebastian Hon and Magaji Mahmud, the lawmakers stressed that PDP lacked the locus-standi to query into administrative issues within the House, adding that the plaintiff, by its action, had shown that it was nothing but a busybody and meddlesome interloper.
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