Saturday, 1 November 2014

And Tambuwal goes to court

The Speaker of the House of Reps, Aminu Tambuwal, has approached a Federal High Court sitting in Abuja to stop the Peoples Democratic Party and six others from removing him from office.

This came on the heels of his historic defection from the ruling PDP to the APC during the week.

The Speaker, who dressed in white flowing gown popularly called agbada and a white cap to match, was accompanied to the court premises by his supporters. He left the court premises shortly after completing the process with his lawyers.

Tambuwal prayed the court to hold that he remains a member of the House of Reps and its Speaker.
He further explained that he was elected the House’ Speaker on June 6, 2011 by members of the House, not because he was a member of the PDP, but by virtue of his being a member of the House
He further explained that he had been a member of the New PDP faction of the party when it became factionalised late last year. He added that his faction of the PDP merged with the APC on November 26, 2013 and that by virtue of the merger he became a member of the APC.

According to the Speaker, the PDP still remains factionalised in his home state of Sokoto. This, he said, informed his decision to defect.

He also asked the court to grant an order of injunction restraining the defendants and their agents from taking any step to remove him from office as Speaker and member of the House or in any manner.

The six other respondents in the suit are PDP National Chairman, Deputy Speaker of the House, the Inspector-General of Police, the Independent National Electoral Commission and the Attorney-General of the Federation.
He said, “I know as a fact that all efforts to harmonise the factions of the PDP in my home state in Sokoto has failed as there are still factions in the state. I informed the members of the 3rd defendant (House of Reps) while announcing my decision to join the New PDP faction, who merged with the 2nd plaintiff (APC) that my membership of the 2nd plaintiff was based on the circumstances in my home state.”

Tambuwal further stated that since he announced his defection, PDP and its Chairman have consistently threatened to declare his seat vacant and withdraw all rights and benefits including security details attached to him.

The Speaker is praying the court for an order of perpetual injunction restraining the defendants and their agents from taking any step or further steps to abrogate or diminish or take away or interfere with or infringe his rights and privileges as Speaker and a member of the House before the expiration of his term of office on June 5, 2015.

He is also seeking an order of perpetual injunction restraining INEC from accepting any nomination of candidates or otherwise organising or conducting a bye-election for the purpose of replacing him or taking over his seat as Speaker and member of the House before the expiration of his current tenure of office on June 5, 2015.

Tambuwal equally prayed the court to grant an order of mandatory injunction compelling the IGP and AGF to restore his security details and all other rights, benefits and opportunities appurtenant to members of and office of the Speaker of the House of Representatives.

The Speaker also seeks a declaration that the decisions or threatened decisions of all the defendants, except INEC, purporting or planning and or attempting to declare the seat of the 1st plaintiff in the 3rd defendant vacant as a member and Speaker thereof, is unlawful, unconstitutional and ultra vires the powers of the defendants

He is also seeking for a declaration that he remains a member and the Speaker of the 3rd defendant until the expiration of his current term of office on June 5, 2015 notwithstanding his membership of APC unless he is removed in accordance with the provisions of the Constitution.

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