PDP Gets Court's Permission To Unseat Tambuwal

Less than 24 hours after the Speaker of the House of
Representatives, Aminu Tambuwal, raised an alarm
that the Peoples Democratic Party, PDP, is plotting to
use the court to unseat him, a Federal High Court in
Abuja has given permission to the PDP to declare
vacant the Kebbe/Tambuwal seat being held by
Tambuwal.
It would be recalled that Tambuwal had petitioned the
Chief Judge of the Federal High Court, Justice
Ibrahim Auta to recast a case filed by a member of the
House of Representatives, Hon. Isiaq Akinlade, who
is seeking an ex-parte order to declare his seat vacant,
to a neutral judge.

According to Justice Ahmed Mohammed, in an ex-
parte ruling on Monday, granted the PDP “leave to
apply, by way of judicial review, for an order of
mandamus compelling the Speaker or Deputy Speaker
of the House of Representatives to give effect to the
provisions of Section 68(1)(g) of the Constitution by
declaring the Kebbe/Tambuwal federal Constituency
seat vacant.”

The ruling was on one of two ex-parte motions filed by
the PDP pursuant to order 34 Rule 3 of the Federal
High Court (Civil procedure) Rules 2009.

In effect, the party wants the court to order the
Speaker to declare his seat, as the representative of
Kebbe/Tambuwal federal constituency, vacant by reason
of his defection from the party which sponsored his
election into the federal legislative chambers.
Cited as defendants in the suit are the Speaker of the
House of Representatives, Alhaji Aminu Tambuwal
and the Deputy Speaker of the House of
Representatives.
While moving the motion exparte, PDP’s lawyer,
Chief Mike Ahamba, a senior advocate of Nigeria told
the trial judge, Justice Ahmed Ramat Mohammed, that
the party’s suit deals with the provisions of section 68 (1)
(g) and 68(2) of the Nigerian Constitution which are
generally known to cover issues relating to a person
leaving a political party upon which he was elected.
Specifically, section 68 (1)(g) provides that where a
person whose election was sponsored by a political party
becomes a member of another political party before the
expiration of the period for which he was elected, as in
this case, as a member of the House of Representatives,
the Speaker is empowered by section 68(2) to give effect
to the provisions of that section, by declaring the
member’s seat vacant upon being satisfied that the
member had become a member of another political party
other than that upon which he was elected.

“Section 68 (1)(g) deals with leaving one’ party for
another and section 68(2) renders 68(1)(g) non self
implementable, where the facts are there, the person can
confidently remain in the House until section 68(2) is
given effect when the Speaker performs his duty by
putting into effect the provision of section 68(2). The
Speaker should go ahead and declare the Kebbe /
Tambuwal federal constituency vacant. We urge this
court to compel the Speaker to do his statutory duties,
as long as there is evidence that someone has left his
party” Ahamba urged the court.
He told the court that Tambuwal is aware that he’s left
the PDP and had joined the opposition All
Progressives Congress, APC,by his open declaration
on the floor of the House of Representatives on the 28th
of October, but has clung to the seat of Speaker of the
House of Representatives and has refused to vacate the
office and contended that by virtue section 53(3) of the
constitution, that the Deputy Speaker is empowered to
function as the Speaker in the absence of a Speaker in
valid occupancy of the position, or legal incapacitation of
the incumbent Speaker.
Furthermore, the PDP sought for an order of the
court restraining Alhaji Aminu Tambuwal from
performing or continuing to perform the functions of the
Speaker of the House of Representatives.
Justice Mohammed granted the party the leave being
sought to enable the party properly apply for the
mandamus and also granted the party’s request for an
order of substituted service by delivery of the originating
summons to the Clerk of the National Assembly for
onward delivery to the defendants and adjourned the
matter to Friday, 12th December.
By the leave granted it, the PDP is now required to
file a formal suit to achieve its aim.
It would be recalled that on 20 November, Tambuwal
was locked out of the National Assembly complex by the
police and later tear-gassed after he gained access into
the parliament building.