THE Federal High Court sitting in Abuja, on Monday, held that lawmakers who defected to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP) have no business again in the House of Representatives, since they left the party that brought them in.
The court held that members in the House who defected from PDP to the opposition party could not validly function as members of the House, because their defection was unconstitutional.
This came as the court stopped the House of Representatives from changing its principal officers, adding that the defected lawmakers ought to have resigned honourably and left the House.
The affected lawmakers have, however, said they will challenge the judgment at the Court of Appeal.
The PDP had sued the House of Representatives and listed as second to 10th defendants all the principal officers of the House, while the defected lawmakers were cited in the matter as the 12th to 53rd defendants.
Speaker of the House, Honourable Aminu Tambuwal, had joined
forces with APC lawmakers in asking that the suit be dismissed for want of merit.
Delivering judgment in the suit, Justice Adeniyi Ademola held that the Ooriginating summons was justiceable and hence, the court had jurisdiction to entertain it.
On the issue of abuse of court process which was raised by the defendants, the court held that the plaintiff in the instant case was a defendant in other cases and hence the issue of abuse of court process did not arise.
On locus standi, he held that the plaintiff had locus to file the suit, as the court, having determined all the objections raised by the defendants, entered jurisdiction to entertain the suit.
The court further held that in view of the provision of Section 68(1)(g) of the 1999 Constitution, the 12th to 53rd defendants could not effect changes in the leadership of the House, could not vote to remove the leadership or sponsor a motion to that effect.
It, however, granted an order of perpetual injunction restraining the 12th to 53rd defendants from effecting change in the leadership of the House.
Justice Adeniyi also granted an order restraining the defendants from altering, tampering or moving towards effecting change in the leadership of the House.
At the hearing stage, the PDP had asked the court to, among others, restrain Tambuwal, other principal officers of the House and its defecting members from taking any step “to alter or change its leadership.”
An officer of the PDP, Nanchang Ndam, had stated in a supporting affidavit that while the defection of some of the defendants was still a subject of litigation before Justice Mohammed, the defendants, particularly the minority leader, Femi Gbajabiamila, had issued threats to change the leadership of the House.
The plaintiff, in the suit marked FHC/ABJ/CS/2/2014, wanted the court to determine whether, in view of the mandatory provision of Section 68(1)(g) of the constitution, and in view of the pendency of an earlier suit by the defecting lawmakers, whether they (the defecting legislators) can participate in any proceedings to remove the House principal officers.
But the defendants, in their 18-paragraph counter-affidavit deposed to by one Mr Mike Msenge, told the court that from prolonged practice of the House, the political party with majority of members formed its core leadership.
They argued that PDP was not a human being but one of the registered political parties in Nigeria, adding that the leadership seats in question were being occupied by human beings.
They added that with the defection of the 12th to 53rd defendants from the plaintiff to the APC on December 18, 2013, the plaintiff had lost its majority status.
Arguing through their team of counsel led by Mr Sebastian Hon and Magaji Mahmud, the lawmakers stressed that PDP lacked the locus-standi to query into administrative issues within the House, adding that the plaintiff, by its action, had shown that it was nothing but a busybody and meddlesome interloper.
APC to appeal judgment -Gbajabiamila
The minority leader, Honourable Gbajabiamila, on Monday, however, picked hole in the ruling and described it as a strange judgment that turned law on its head.
He hinted that his party, the APC, would appeal the judgment.
Honourable Gbajabiamila, while responding to the judgment, said “it is a product of error of court. The lawmakers would be willing to appeal at a higher court.”
According to him, “the judgment is strange and will be appealed. No person can be compelled by law to stay in an association against his or her wishes.”
Gbajabiamila also described the judgment was an affront to right of association of the lawmakers, adding that it negated a fundamental right of association of every citizen which was inalienable.
“Section 68 of the constitution has been turned on its head and the error of the court is made manifest,” he added.
Defecting Reps should prepare for bye-election –Adeyeye
Former spokesperson of Afenifere and Peoples Democratic Party (PDP) governorship aspirant in Ekiti State, Chief Dayo Adeyeye, has described as landmark, the judgment ordering the 37 former members of PDP that defected to APC to resign their seats.
“The most honourable thing for the defecting lawmakers to do is to prepare to test their popularity and that of the APC to which they defected in a bye-election,” he said.
Adeyeye, who said it will be a shame on the lawmakers if they appeal the judgment, added that “it is immoral for people to use a political platform to win election and defect to another party.”
He lauded the judge for the judgment, saying “the judge has written his name in gold as far as politics is concerned in Nigeria.”
He urged the five PDP governors that defected to the APC to return to the PDP before they suffered the same fate.
Return now, Ogor tells affected lawmakers
Deputy Leader of the House of Representatives, Honourable Leo Ogor, while reacting to the judgment, advised the affected lawmakers to return to PDP and not to waste their time and resources on appealing the judgment.
According to him, “my colleagues should not bother to waste their time and resources on appeal,” while he equally advised them to return to PDP, saying “there is no future in APC.”
The PDP lawmaker added that “the seats they occupy belongs to PDP, it is not an individual seat, but that of the party.”
Speaking further, he said “we were more than convinced that the court will do the right thing because you do not need a rocket scientist to interpret Section 68 of the constitution.
“I have always emphasised this position that you cannot reap where you did not sow. Our party has demonstrated that it respects the law of the land.”
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