• APC appeals judgment
• PDP wants affected lawmakers replaced
MEMBERS of All Progressives Congress (APC) caucus in the House of Representatives Tuesday rose from an emergency meeting with the resolve that no member of the party would vacate his seat based on the directive of an Abuja High Court judge, Justice Adeniyi Ademola.
Also, the national secretariat of the opposition yesterday ordered its National Assembly members to ignore the decision by the court ordering them to vacate their seats.
Meanwhile, the People’s Democratic Party (PDP) in Rivers State has enjoined the Independent National Electoral Commission (INEC) to initiate the process of electing replacements for the federal lawmakers who defected to the APC.
The Minority Leader in the House, Mr. Samson Osagie, who addressed reporters on behalf of the group, also disclosed that the 39 APC members affected by the ruling have filed a notice of appeal dated April 1, 2014 challenging the judgment of the court.
Brandishing a copy of the appeal filed by Mr. Mahmud Magaji (SAN) and copied the House of Representatives, the Speaker, Aminu Waziri Tambuwal and the Deputy Speaker of the House, Mr. Emeka Ihedioha, Osagie maintained that the judgment was not worth adhering to since it, according to him, ran contrary to the rule of law.
Flanked by some of the lawmakers affected by the decision, Osagie alleged that Justice Ademola veered off the course of the case before him in order to do the bidding of the PDP.
Osagie claimed that the decision must have been masterminded by the Presidency to blur the picture of the level of decay and corruption in the polity from discerning members of the public.
A text of Osagie’s presentation reads in part: “For us in the APC, we were not surprised because in the course of the proceedings, the same judge had earlier issued a preservative order as soon as the argument against his jurisdiction in the case was taken.
“This was our first apprehension of the commencement of the case. Our fear was further confirmed when the judge, after granting the reliefs sought in the suit, went ahead to render an opinion on issues that were neither before him nor solicited by the plaintiffs.
“Consequently, a section of the media and indeed the public have been misled by the court ruling into believing that the said judgment has effectively terminated the tenure of office of the affected members. This is not only untrue, but also a mere obiter dicta expressed by a judge who veered off the course of the case before him in order to do the bidding of the ruling party.
“At best, the judgment has turned law on its head and cannot stand. Our colleagues have taken steps to appeal the judgment and we are confident that justice will prevail. In the meantime, we want to assure members of the public that there is no court judgment before the House directing any member of the APC to vacate his or her seat.
“In any event, Section 68 (2) of the 1999 Constitution makes it clear that satisfactory evidence must be presented to the House before any of the provision of Section 68 (1) can become applicable. At the moment, the APC in the House remains strong and focus on the need to provide necessary checks and balances to the rudderlessness of the ship of state as being piloted by the ruling party in this country today.
“At a time when this government is unable to explain to Nigerians the whereabouts of huge missing funds; at a time when profligacy among ministers of this government has reached its crescendo; at a time when scores and thousands have been sent to their untimely graves under a scheme purported to be a recruitment sham; at a time when government assets in the power sector have been sold out with Nigerians experiencing more darkness than light; at a time when insecurity and insurgency have almost defied government emergency rule and at a time when mis-governance has taken centre stage while Nigerians have continued to wallow in abject penury, the PDP government has continued to run the country like the private fiefdom of those holding the reins of power.
“Nigerians, we know, cannot succumb to the shenanigans of the ruling party that has plundered this nation for 15 years. The House of Representatives remains the bastion of hope of the traumatised and pauperised Nigerians and we shall not give in to the attempt of some of our PDP colleagues in collusion with a certain judge to turn facts and law on its head to achieve some sinister ends.
“Finally, for the avoidance of doubt, let me state unequivocally on behalf our members that the import of yesterday’s ruling was that our 37 members cannot participate in the removal of principal officers of the House, nothing more, nothing less. Every other pronouncement by the judge as to the status of our 37 members of the House were mere opinion, In any event, this judgment was given in vain and in ignorance of the House rules which governs the appointment of party leaders in the parliament. It is also an attempt by the court to meddle in the internal affairs of the parliament. This certainly is not the import of the doctrine of judicial review.”
The national secretariat of the APC, in a statement by its Interim National Publicity Secretary, Alhaji Lai Mohammed, particularly asked the Chief Justice of Nigeria (CJN) to act urgently to sanction Justice Ademola for allegedly engaging in mischief that could bring the Bench into disrepute.
The APC, which claims that Justice Ademola lacks the power to adjudicate on the issue of whether or not the 37 members of the House of Representatives can defect, disclosed plan to appeal the ruling on the basis that the judge’s perpetual injunction restraining the concerned lawmakers from participating in motions and debates in the House is unconstitutional and defeats the very purpose for which the members were elected into the House.
‘’Firstly, the question whether the House of Representatives members should vacate their seats was not a question before Justice Ademola for determination. The only question for him to determine was whether the APC members, with their numerical strength at that time, had the right to change the House leadership such as the Majority Leader, Chief Whip and their deputies. So, Justice Ademola had no business commenting on seats being vacated.
‘’Secondly, it is highly unprofessional and unethical for one judge to delve into a matter that is subjudice in another court. A judge should not make comments on matters being litigated in another court. The question of seats being vacated or otherwise is being heard by Justice Ahmed Mohammed in the Federal High Court in Abuja who, March 29, 2014, said the issue was still live before him and is not ripe for judgment.’’
Rivers State PDP Chairman, Felix Obuah, in a statement endorsed by his media aide, Jerry Needam, said sequel to the ruling of the Federal High Court sitting in Abuja on Monday on the continued illegal participation in the proceedings of the House of Representatives by lawmakers that dumped the PDP platform to join the APC, the Rivers State chapter of the PDP wants such affected legislators to retire home immediately.
Obuah enjoined the House of Representatives members from Rivers State involved in the alleged controversial cross-over to proceed home with immediate effect, having betrayed the people’s mandate.
The PDP said it amounts to self-deceit to continue to hang around the green chamber, noting that “you cannot eat your cake and still have it.”
The Rivers PDP noted that it’s in the best interest of the defecting lawmakers to take the court’s ruling in good faith instead of embarking on endless appeals that will still end up against them. “To this end, the party has enjoined INEC to begin to initiate the process of electing replacements for the embattled lawmakers.
“This is a point of law and is unambiguously clear. So, it’s expected that as lawmakers, they should be the first to uphold court decisions.
Source: Guardian
