Supporters to stop ex-parte order to declare seat vacant
Barely four days to the resumption of the House of Representatives, members have uncovered a plot to have a court declare vacant Speaker Aminu Tambuwal’s seat.
The court may grant an ex-parte order asking Tambuwal to leave office pending the determination of the substantive motion.
On the basis of the judicial ambush, the police will have “alibi” to prevent the Speaker from presiding over the House when it reconvenes on December 4.
A three-time member of the House, Isiaq Abiodun Akinlade(Yewa South/Ipokia Federal Constituency) is said to have filed an ex-parte application seeking to stop Tambuwal from presiding over the affairs of the lower chamber because of the Speaker’s defection to the All Progressives Congress(APC).
Akinlade, who lost the governorship ticket to Governor Ibikunle Amosun, left the APC for the Peoples Democratic Party( PDP). He could not be reached for comments last night.
As at press time, Tambuwal had not been put on notice, contrary to the rules put in place by the immediate past Chief Justice of Nigeria, Justice Aloma Mukhtar.
A principal officer of the House, who spoke in confidence, said: “We have uncovered a judicial ambush to remove the Speaker on Monday. The Presidency and the PDP are sponsoring a lawmaker from Ogun State to seek an ex-parte order to sack Tambuwal.
“This is a sheer abuse of court process because a similar suit is already before the same Federal High Court.”
“What they have done is to look for a friendly judge to sack Tambuwal, not minding any pending suit.”
Another source said: “In a move, which lawyers described as abuse of court process, the PDP, through one of its members in the House of Representatives, Hon Isiaq Abiodun Akinlade, has asked the Abuja Division of the Federal High Court to sack Speaker Aminu Waziri Tambuwal from his position and membership of the House.
“The case, which is expected to come up today is seeking an ex parte ruling to remove Tambuwal from his seat and to ask Deputy Speaker Emeka Ihedioha, to take over as acting speaker of the Green Chamber.
“The decision to award the case for hearing has raised eyebrows in legal quarters, especially considering the fact that the Judge who is believed to have been assigned the matter, has given favourable judgments to the PDP in the past.
Some lawyers who are familiar with the matter said it was curious the judge accepted to handle the matter, considering the fact that similar issues are before another judge also in the Abuja Division of the court.
A third source said: “It is a public knowledge that Tambuwal has already filed a case in court seeking protection against moves by the PDP to declare his seat vacant.
“Already, Justice Ahmed Ramat Muhammed has ordered that status quo be maintained until the determination of the suit before her. Having been named defendants in this case, the party has now instigated one of its members in the House to file another case seeking reliefs Tambuwal sought to stop in his case.
A lawyer said: “The issue of the judge giving favourable judgments to PDP is now a source of concern to many. You are aware that he gave judgment against Baraje led-New PDP by saying there was no faction in the party. This ruling was contradicted by two respected judges in Sokoto and Ilorin divisions of the Federal High Court who held that by the facts before them, there were indeed factions in the PDP.
“By his stand on the Baraje issue, his position on the availability of faction in PDP is already known. Speaker Tambuwal defected to APC because he was convinced there was faction in Sokoto PDP as par the ruling of the Sokoto division of the Federal High Court. Do you think Justice Chukwu is the right person to hear this application?”
Source: The Nation
