Two lawyers have asked a Federal High Court sitting in Lagos, to
restrain the Speaker of House of Representatives, Aminu Tambuwal, from
further parading himself as speaker.
Anthony Nwajiugo and Okechukwu Ebirim, plaintiffs in the suit are
contending that having defected from the party upon which he was
elected into the House, Tambuwal "cannot remain and has, by his
action, lost the competence to remain the Speaker."
According to them, the House of Representatives as presently
constituted under Tambuwal's leadership cannot embark on any
legislative business, including the adjournment of plenary sessions or
the impeachment of the president.
Tambuwal had defected from the Peoples Democratic Party, PDP to All
Progressives Congress, APC, blaming his defection on the crisis within
the PDP in his home state of Sokoto.
At the resumed hearing in the matter before Justice Ibrahim Buba, the
judge directed the applicants to address him on why the matter was
filed in Lagos and not Abuja, being the place of business of the sole
defendant in the suit, the House of Representatives.
Ebirim, who addressed the court, said the matter was a constitutional
matter which could as well be filed in the Lagos division of the
court.
He argued that the House of Representatives also conduct part of its
business in Lagos at its liaison office, and that the court was a
proper venue for the matter to be filed.
But in a brief ruling, Justice Buba transferred the matter to the
Abuja division of the court, and further directed the applicants to
approach the Chief Judge of the Federal High Court, Justice Ibrahim
Auta for further directive on when the matter would come up in Abuja.
The applicants in the suit, had set out two issues to be resolved by
the court, "Whether by the combined effect of Sections 68 (1) (g) and
50 (2) (a) of the 1999 Constitution (as amended), Tambuwal of
Kebbe/Tambuwal federal constituency of Sokoto State is competent to
remain the presiding officer and speaker of House of Representatives?
"Whether by the clear combined effect of the provision of Section 50
(1) (b) and Section 50 (2) (a) of the 1999 Constitution (as amended)
the House of Representatives is properly constituted with a competent
and constitutional speaker as to enable it proceed on its regular
legislative business?"
--Vanguard
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