Tuesday 14 January 2014

PDP asks court to stop removal of Tambuwal, others

The Peoples Democratic Party has gone to court to stop alleged plans to change the leadership of the House of Representatives.

In the suit filed before the Abuja Federal High Court, PDP is asking for an order of perpetual injunction restraining the House, its Speaker Aminu Tambuwal; Deputy Speaker Emeka Ihedioha, and 49 others, including the 37 lawmakers that defected to the All Progressives Congress, from changing or altering the leadership of the House of Representatives, or taking steps to do so.

The House of Representatives was cited as the 1st defendant, while the principal officers – namely Tambuwal, Ihedioha, Majority Leader, Mulikat Akande-Adeola, Deputy Majority Leader, Leo Ogor, Chief Whip, Isiaka Bawa, Deputy Chief Whip, Ahmed Mutkar, Minority Leader, Femi Gbajabiamila, Minority Whip, Samsom Osagie, Deputy Minority Leader, Sumaila Kawu, and Deputy Minority Whip, Graba Datti, were listed as the 2nd to 11th defendants in the suit.

Forty-two other members of the House, including those that defected from PDP to the APC, were listed as the 12th to 53rd defendants, while the Clerk of the House was cited as the 54th defendant.

The defection of the lawmakers had reportedly given the APC a simple majority in the House, increasing its numerical strength from 135 to 172, against 171 PDP members.

The suit, which came up before Justice Adeniyi Ademola on Monday, was informed by fears in the PDP that the lawmakers will move to effect a change in the leadership of the House once the National Assembly resumes from recess.

The National Assembly was initially slated to resume on Monday, before the resumption was postponed.

To ensure that the status quo was maintained in the House, PDP is asking the court for an order of perpetual injunction restraining the lawmakers, “their agents, servants, privies, or through any person or persons however, from taking any step or further steps, sitting, starting or doing anything to alter, remove or change the leadership of the House of Representatives.”

In the same vein, PDP is asking the court to declare that, in view of section 68(1)(g) of the 1999 Constitution, and the pendency of suit No FHC/ABJ/CS/621/2013, in which the defected lawmakers sought to stop the party from declaring their seats vacant, the 11th to 52nd defendants cannot lawfully vote and, or, contribute to any motion for the removal or change of any of the principal officers of the House.

PDP equally asked the court to declare that, as a result of the pending suit, the defected lawmakers “are not competent to sponsor, contribute or vote on any motion calling for the removal or change in the leadership of the House of Representatives or the removal of any of the principal officers.”

PDP, through its counsel, Yunus Usman, SAN, asks the court to determine whether, in view of the provision of section 68(1)(g) of the 1999 Constitution, and the pending suit with No. FHC/ABJ/CS/621/2013, the defected lawmakers can validly function as members of the House of Representatives and thereby contribute to, or vote on any motion or debate for the removal of any of the principal officers of the House; and whether the concerned lawmakers can alter the composition of the House’s leadership

No comments: