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Court to hear Tambuwal's defection suit Feb 19

By News Express on 05/02/2015

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A Federal High Court in Abuja, on Wednesday, adjourned till February 19, for further hearing of the suit seeking an order compelling the Speaker of the House of Representatives, Aminu Waziri Tambuwal, to declare himself as no longer fit to represent the Kebbe/Tambuwal Federal Constituency.

The matter could not be heard on Wednesday as the respondents served their processes, including a counter affidavit to the suit on the counsel to the Peoples Democratic Party (PDP), Chief Mike Ahamba, in the court, shortly before the case was called.

The office of the Speaker of the House of Representatives; Tambuwal himself; and the Deputy Speaker, Mr Emeka Ihedioha, were the respondents in the suit.

The PDP, in its suit, maintained that by virtue of Section 68(1)(g) of the Constitution, Tambuwal’s defection from the party, which sponsored his election to the House of Representatives, amounted to losing his seat.

The plaintiff contended that under Section 68(2) of the Constitution, it was mandatory for Tambuwal, as Speaker of the House of Representatives, to declare as vacant the Kebbe/Tambuwal seat, whose occupant had defected from the party which sponsored him to the House.

They are also seeking an alternative order compelling the Deputy Speaker to declare the seat vacant in the event that Tambuwal failed to do so. The prayers being sought by the PDP in its suit filed on November 24, 2014 and marked, FHC/ABJ/CS/901/2014, read, “An order of mandamus compelling the 1st respondent (office of the Speaker) to give effect to the provisions of Section 68(1) (g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) by declaring the Kebbe/Tambuwal Federal Constituency seat vacant.

“An order of injunction restraining the 2nd respondent (Tambuwal) from performing or continuing to perform the function of the 1st respondent in the House of Representatives or sitting or continuing to sit in the House of Representatives as a member.

“In the alternative, an order of court compelling the 3rd respondent (Deputy Speaker, Ihedioha) to declare the Kebbe/Tambuwal seat vacant by an order of mandamus in terms of relief (a) supra.”

While moving the ex parte application seeking the court’s leave to commence the suit, the PDP’s lawyer, Chief Mike Ahamba , said Section 68(1) (g) of the Constitution was not “self-implementing” and added that the provisions must be given its effect by virtue of provision of Section 62(2) of the Constitution by compelling Tambuwal to declare the Kebbe/Tambuwal seat vacant.

From Nigerian Tribune

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Source News Express

Posted 05/02/2015 04:28:52 AM

 

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