DEFECTION: MARK, TAMBUWAL AGREE TO MAINTAIN STATUS QUO

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The Senate President David Mark and Speaker of the House of Representatives Aminu Tambuwal yesterday pledged before a Federal High Court in Abuja not to take any action to undermine the court over the defection of 79 lawmakers.
The defected lawmakers from both the Senate and House are challenging plans by the Peoples Democratic Party (PDP) and the National Assembly leadership to declare their seats vacant following their move to the opposition All Progressive Congress (APC).
Kenneth Ikonne and Alex Marama, counsels to Mark and Tambuwal respectively made an under-taking after counsel to the defecting lawmakers, Magaji Mahmud (SAN) maintained that there were moves by the leadership of the National Assembly to declare their seats vacant.
Magaji had contended that section 122(2) of the Evidence Act empowered the judge to take judicial notice of proceedings in the National Assembly. He directed the judge’s attention to attempt by Senator Ita Enang to move for the declaration of their seats vacant on February 11.
Earlier, counsel to the PDP Joe Gadzama (SAN) told the court that the suit by the lawmakers is speculative citing section 68 (1) (g) of the constitution.
 However, citing Supreme Court decision in Goni versus FEDECO, 1979, Mahmud argued that what is required to prove a division in the party is an evidence of crisis, adding that the suit by former PDP chairman Bamanga Tukur against Kawu Baraje earlier decided by Justice Chukwu Evo is such evidence because one of the reliefs in the suit is to be recognised as the authentic executive.
Justice Ahmed Mohammed has adjourned the suit to March 26 for judgment.