On
Monday, March 31, the Federal High Court in Abuja has ordered 37 former
members of the Peoples Democratic Party (PDP) to resign their seats at
the House of Representatives for defecting to the All Progressives
Congress (APC).
Delivering judgment, Justice Adeniyi
Ademola held that the defected lawmakers no longer had any business,
morally and legally, to stay in the House of Reps.
He said they
should honourably resign from their seats as members of the House of
Representative, having moved to another political party, while their
tenure had yet to expire.
“Having perused the arguments of counsel
and the constitutional provisions, it is clear and unambiguous that the
defendants were sponsored by the PDP and won the election on its
platform. It is also the court’s opinion that their tenure has not
expired and there is no division in the PDP.
“The defendants are, therefore, not competent to vote or contribute to any proceedings in the House of Representatives.
“An
order of perpetual injunction is, hereby, ordered, restraining them
from altering or attempting to change
the leadership of the House of
Reps,’’ Ademola said.
According to NAN, the PDP had on Jan. 7
instituted a suit seeking to restrain the House of Representatives from
altering the composition of its leadership.
The party had
commenced the action following the defection of 37 lawmakers, who won
election on its platform, to the opposition APC.
While arguing his
originating summons, Mr Yunus Usman (SAN), PDP’s counsel had faulted
the cross-carpeting of the lawmakers, saying that the legislators did so
during the dependency of a judgment.
He argued that by virtue of
the Oct. 2013 judgment of Justice Evoh Chukwu, which said there was no
division in PDP, the matter had been laid to rest.
Usman had
further submitted that by virtue of the provision of Section 68(1)(g) of
the 1999 Nigerian constitution, as amended, the lawmakers ought to have
vacated their seats immediately.
Mr Mamoud Magaji (SAN), counsel
to the defendants, had in his submission, argued that it was wrong for
the PDP to have sought to restrain its former members from House
activities for defecting.
Other defence counsel, Mr Niyi Akintola,
Mr Sebastian Hon, Mr James Ocholi, Mr Abiodun Owonikoko, and Jibril
Okutepa, had prayed the court to dismiss the suit.
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