The Peoples Democratic Party has filed a fresh suit seeking an order compelling the Speaker of the House of Representatives, Mr. Aminu Tambuwal, to declare himself no longer fit to represent the Kebbe/Tambuwal Federal Constituency.
The suit was filed while the one instituted by Tambuwal seeking to stop his removal and declaration of his seat vacant on the account of his defection from the PDP to the All Progressives Congress was pending.
Both suits are filed before Justice Ahmed Mohammed of a Federal High Court in Abuja, had earlier fixed the one instituted by Tambuwal for hearing on December 3.
Justice Mohammed on Monday granted an ex parte application seeking leave by the PDP to commence its suit against Tambuwal.
The office of the Speaker of the House of Representatives; Tambuwal himself; and the Deputy Speaker, Mr. Emeka Ihedioha, are the respondents in the suit.
The court after granting the leave also ordered the plaintiff to put all the respondents on notice.
The court also directed that the court order and the motion on notice to be filed by the plaintiff should be served on the three respondents.
The PDP in its fresh 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 fails to do so.
The prayers being sought by the PDP in its suit filed on November 24 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 on Monday, PDP’s lawyer, Chief Mike Ahamba (SAN), said section 68(1)(g) of the Constitution was not “self-implementing.”
But he 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.
The matter was adjourned till December 12.
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