Eleven defecting senators and 37 members of the House of
Representatives have filed a referral appeal before the Appeal Court
Abuja Division for interpretation of the constitutional provision on
their defection.
SENATORS BUKOLA SARAKI, Abdullahi Adamu, Ali
Ndume, Umar Dahiru, Muhammadu Lafiagi, Magnus Abe, Wilson Ake, Danjuma
Goje, Bindowo Umar Jibrilla, Aisha Alhassan and Ibrahim Gobir and 37
members of the House of Representatives had decamped from the Peoples
Democratic Party (PDP) to the opposition All Progressive Congress (APC).
The PDP in three different suits wants the court to compel the Senate
President David Mark and Speaker Aminu Tambuwal respectively to declare
the seats of the lawmakers vacant. The PDP argued that the lawmakers
failed to comply with the provision for division in the party as
stipulated in section 68(1) (2) and (g) of the 1999 Constitution.
At
the resumed hearing, counsel to the lawmakers Mahmud Magaji (SAN)
argued that the appeal referral was brought under section 295 (2) of the
Constitution and
urged the court to adjourn the judgment earlier
scheduled for the day indefinitely.
But defence counsels J.K.
Gadzama (SAN), Ken Ikonne and Alex Marama opposed the application on the
grounds that the application for referral of the constitutional
interpretation as provided in section 295 (2) ought not to be brought by
a party in the suit.
Justice Ahmed Mohammed fixed ruling for Friday
March 28. He also fixed April 17 for ruling on application for
indefinite adjournment of two separate suits by the PDP against the
defecting Senators and Representatives.
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