
Aminu Tambuwal
Speaker of the House of Representatives, Alhaji Aminu Tambuwal, on Thursday, told a Federal High Court in Abuja to dismiss the suit by the Peoples Democratic Party (PDP), seeking a court order directing him to declare the Kebbe/Tambuwal federal constituency seat vacant, following his defection from the PDP to All Progressives Congress (APC).
In an application filed on February 19, Tambuwal said the PDP’s suit should be dismissed on the ground that it was incompetent and had no reasonable cause of action.
When the matter came up on Thursday, a different party brought an application to be joined in the suit and served the application on the original parties in the suit in court.
The trial judge, Justice Ahmed Ramat Mohammed, adjourned further hearing of the suit till March 3, to enable parties to respond to Tambuwal’s application, as well as the joinder application.
PDP, through its counsel, Chief Mike Ahamba, said Tambuwal had lost his seat by reason of his defection, according to the provisions of Section 68 of the 1999 Constitution.
The ruling party joined the Speaker of the House of Representatives, Alhaji Tambuwal and the deputy speaker as respondents in the motion.
It urged the court to order Tambuwal to give effect to the provisions of Section 68(1) (g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), to declare his seat in the House of Representatives vacant.
PDP also prayed the court for an alternative order directing the deputy speaker of the House of Representatives to declare the Kebbe/Tambuwal seat vacant by an order of mandamus.
The ruling party had, also in an ex parte motion, asked the court to stop Tambuwal from performing or continuing to perform the function of the Speaker in the House of Representatives or sitting or continuing to sit in the House as a member.
A 16-paragraph affidavit in support of the ex parte motion averred that Tambuwal, who was sponsored in the 2011 general election by the PDP has left the party to join the APC, as he announced on October 28, 2014 thereby informing the House of Representatives on his present status as required by law.
The affidavit said it was constitutional for the House of Representatives to declare Tambuwal’s seat vacant in the circumstance of his defection to the APC.