House Leadership Change: Tambuwal, Others File Objection Against PDP

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House Leadership Change: Tambuwal, Others File Objection Against PDP
Speaker of the House of Representatives, Hon Aminu Tambuwal, other principal members of the House and members, who defected to the All Progressives Party (APC), yesterday filed a preliminary objection against the suit by the Peoples Democratic Party (PDP) seeking to prevent leadership change in the House.Tambuwal and 52 others also challenged the jurisdiction of the Federal High Court in Abuja to hear the suit. The suit primarily seeks to restrain the defendants from effecting any changes in the composition of the House’s leadership. They argued that the PDP lacked the locus standi to institute the suit and that the suit constituted an abuse of court process. They said that the suit is also not justifiable as it touches on the internal affairs of the House, over which the court lacked jurisdiction, adding that the case amounts to an academic or hypothetical exercise. The team, which included Adeniyi Akintola (SAN), Mahmud Magaji (SAN), Sebastine Hon (SAN), Abiodun Owonikoko (SAN) and Eric Apia, begged the court to either dismiss or strike out the suit.Magaji, who appeared for the House of Reps, Tambuwal and deputy speaker, Emeka Ihedioha, argued that the suit amounted to an abuse of court process because it was predicated on a similar suit pending before another judge of the same court, and urged the court to dismiss the suit. In his submission, Akintola stated that the defendants were challenging the jurisdiction of the court to hear the case in view of the provisions of Sections 23 and 30 of the Legislative House’s Powers and Privileges Act, Cap L12 Laws of Nigeria 2004.He argued that by virtue of those provisions, all courts are barred from enquiring into how principal officers of a legislative house exercise their powers. He further argued that the exercise of such powers could only be questioned if they are exercised in breach of constitutional provisions. He contended that it was unlawful for the PDP to seek to pre-emptively to restrain the principal officers of the House and other defendants in the suit from exercising their constitutional powers. He also noted the similarity in the suit and the earlier one before Justice Mohammed, saying that both cases were seeking primarily, the interpretation of Section 68 (1) (g) of the Constitution. Akintola argued that the reliefs sought in both cases were intertwined and urged the court to strike it out on grounds of abuse of court process. In the originating summons the PDP wants the court to determine whether, in view of the mandatory provision of Section 68(1)(g) of the 1999 Constitution (as amended), and in view of the pendency of an earlier suit by the defecting law-makers, they (the defecting legislators) can participate in any proceedings to remove the House’ principal officers. The party also wants the court to determine whether, in view of the provision of Section 68(1)(g) of the Constitution and the pending suit by the defecting legislators, they (the defecting law-makers) can lawfully alter the composition or constitution of the House’s leadership. The case has been adjourned to February 14, 2014.