PDP Crisis: FG to force Tambuwal to sack 37 defected lawmakers

By Ehi Ekhator

The Federal High Court in Abuja has been asked by the Federal Government to force the Speaker of the House of Representatives, Hon. Aminu Tambuwal, to sack some members of the House of Representatives who now belong to the opposition party, All Progressives Congress due to their defection from Peoples Democratic Party.

37 Defected PDP members

The Federal Government ask the court for an order of perpetual injunction stopping Tambuwal from further allowing the affected lawmakers from participating in all activities of the House.

It could be recalled that Justice Adeniyi Ademola had earlier passed his judgement that the legislators who defected from PDP to APC should not be allowed to take part in any activities of the House, saying that the defected reps had no business staying in the House since they had left the party that gave them the position, and added that they should resign honorable.

It could also be recalled that the opposition party who were not satisfied with the judgement filed for an appeal against the judgement. However, the Federal Government argued that since there is no other judgement to counter the last one, it was important to ask the court of perpetual injunction against the defected lawmakers.

In the suit filed on behalf of the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), by Ade Okeaya-Inneh (SAN), Dr. Fabian Ajogwu (SAN) and Solomon Umoh (SAN), against the House of Representatives and the Speaker, the federal government is praying the court amongst other reliefs, for a declaration that in the light of the combined effects of Sections 68(1) (g), 68(2), and 49 of the 1999 Constitution (as amended) and the decision of the Supreme Court in the case of Oloyo v Alegbe (1983) as well as the decision of the Federal High Court Justice Ademola in Suit No: FHC/ABJ/CS/4/14, the House of Representatives is not properly constituted or lawfully composed as envisaged by Section 49 of the Constitution.

It also asked the court to declare that the House, in view of the authorities cited above, is not properly constituted or composed as envisaged by Section 49 of the Constitution to lawfully exercise its general legislative powers and functions under section of the constitution as distinct from proceedings.

The government also asked the court to declare that the House and its Speakers, in view of the authorities cited above, cannot lawfully count the votes or presence of the persons affected by the said decision of the Federal High Court, for purposes of determining if a bill is carried or not, and for purposes of quorum of the House or its committees under section 62(2) of the constitution respectively.

The Government also pray the court to declare that Aminu Tambuwal should not continue to give the rights and privileges enjoy by  members of the House of Representatives.

Judge Ademola had ordered the 37 lawmakers who defected from PDP to APC to ersign their position, and restrained them from participating or effecting any changes in the activities of the house.

He added that since they left the party that gave them the office, they no longer have any business, morally and legally in the assembly.

He said “Having perused the arguments of counsel and the constitutional provisions, it is clear and unambiguous that the defendants were sponsored by the PDP and won the election on its platform.

“It is also the court’s opinion that their tenure has not expired and there is no division in the PDP.

“The defendants are, therefore, not competent to vote or contribute to any proceedings in the House of Representatives.

“An order of perpetual injunction is, hereby, ordered, restraining them from altering or attempting to change the leadership of the House of Representative,’’ Ademola said.

PDP Crisis: FG to force Tambuwal to sack 37 defected lawmakers