PDP Sues Tambuwal, Ihedioha, Others
In what looks like a preemptive move, the People’s
Democratic Party (PDP) has asked a Federal High Court in Abuja to restrain the
House of Representatives from altering the composition of its leadership.
The PDP, in a suit filed on January 7 wants the court to
among others, restrain House of Representatives’ Speaker, Aminu Tambuwal, other
principal officers of the House and its defecting members in the House from
taking any step “to alter or change the leadership of the 1st defendant (PDP).”
The suit has the House of Reps, its Speaker, Deputy Speaker,
Emeka Ihedioha, other principal officers of the House and its former members who
defected to the All Progressive Congress (APC) as defendants.
An officer of the PDP, Nanchang Ndam, stated in a supporting
affidavit that while the defection of some of the defendants was still a
subject of litigation before Justice Mohammed, the defendants, particularly the
Minority Leader, Femi Gbajabiamila have issued threats to change the leadership
of the House.
He stated that unless the defendants were restrained, they
could carry out the threat and thereby prejudice the earlier suit, cause a breakdown
of law and order and parallel the activities of the House.
The plaintiff, in the suit marked: FHC/ABJ/CS/2/2014 raised
two questions for the court’s determination and sought for four reliefs.
The PDP wants the court to determine whether, in view of the
mandatory provision of Section 68(1)(g) of the Constitution, and in view of the
pendency of an earlier suit by the defecting law makers, they (the defecting
legislators) can participate in any proceedings to remove the House’ principal
officers.
The party equally wants the court to determine whether, in
view of the provision of Section 68(1) (g) of the Constitution and the pending
suit by the defecting legislators, they (the defecting law makers) can lawfully
alter the composition or constitution of the House’s leadership.
It is praying the court to declare that in view of Section
68(1) (g) of the Constitution and the pending case marked: FHC/ABJ/CS/621/2013
the defecting lawmakers “cannot lawfully vote and contribute to any motion for
the removal or change of any of the principal officers” of the House.
PDP also wants the court to declare that the defecting
lawmakers, who are plaintiffs in the earlier suit before Justice Ahmed Mohammed
of the same court, “are not competent to sponsor, contribute or vote on any
motion calling for the removal or change in the leadership of the House or the
removal of any principal officers of the House.”
It prayed the court for an order of perpetual injunction
restraining the defendants from “altering or changing the House’s leadership.
The PDP equally filed an application for interlocutory
injunction restraining the defendants from altering the leadership of the House
pending the determination of the substantive suit.
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