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

‘Only Tambuwal can sack 37 defecting Reps’ - says Sam-Tsokwa

The Chairman of House Committee on Rules and Business, Albert Sam-Tsokwa has said that only the Speaker of the House of Representatives is constitutionally empowered to declare the seats of the 37 lawmakers who defected from the ruling People Democratic party (PDP) to the All Progressives Congress (APC) vacant.

Aminu Waziri Tambuwal

Sam-Tsokwa represents Donga/SSA/Takum/ special area in Taraba under the platform of Peoples Democratic Party, spoke yesterday  at the National Assembly in Abjua during the House of Representatives Press Corps’ Hot Seat series.

Despite being a PDP member, the lawmaker lash the PDP Governors’ Forum who are agitating for the seats of the defected lawmakers vacant.

He advised the PDP governors to stop making such a statement that could heat up the polity instead of taking legal step.

According to Sam-Tsokwa, the court should be approached for a writ of mandamus if the initial judgement that said the 37 defecting lawmakers should vacate their seats was not obeyed.

He said: “Let me begin by saying the court is not a father Christmas. A court has no jurisdiction, a court has no right, a court has no power to give what is not asked for.

“Now, as to the next course of action, the constitution is very clear: that power (to declare seat of any member vacant) is vested in the Senate President or the Speaker of the House of Representatives. No other person in Nigeria has that power, not even the court.

“If I am aggrieved that the Senate President has not done what he should or the Speaker has not done what he should have done, the only way we can involve a court is to go to the court and ask for an order of mandamus to compel him to do what the law requires him to do.”

He also accused the northern governors of being the face behind Boko Haram.

He said these were evident in the continuous clashes between herdsmen/farmers in many parts of Northern Nigeria.

He described the escalating conflicts as “a time bomb” which if not stopped, could transform into another Boko Haram challenge.

“Most of the problems we have are created by our leaders. And that was why in one occasion, I said I am of the opinion that most northern governors support terrorism. Because I see the attacks on farmers as a terrorist act. Not a conflict.

“You stay in your house, somebody comes to your land and begins to cause problems and destroy your crops. You complain and he brings out a gun, sacks you from that place and they call it conflict. What conflict is that? It is an act of terrorism.

“What we call farmer/grazer conflict is a kind of insurgency against the farmer. A grazer is a farmer, young cultivator is a farmer. Just as I cannot walk up to your land and begin to make heaps because your land is good and I want to plant rice there. A grazer too has no right to walk into my land no matter how conducive for grazing and begin to graze there. If he has no land, I have land. I have no animal. Come, buy my land, give me money and graze there.

“Today, these people (farmers) are helpless, a time will come when they will not be that helpless. That was how Boko Haram started. My advice is that the earlier we do something about it the better for us. Nigeria has enough problem on its hands. Let us not cause additional problems. Let’s handle the ones we have. We should be seen to be moving ahead rather than adding more and more problems for the country.

‘Only Tambuwal can sack 37 defecting Reps’ - says Sam-Tsokwa