PDP files counter-suit to sack Tambuwal

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.