The People’s Democratic Party (PDP) has filed a suit at a Federal High Court in Abuja, seeking to inhibit the Federal House of Representatives from altering the composition of its leadership.
In the suit filed on 7th January 2014, the party is asking the court to restrain House of Speaker of the House Aminu Tambuwal and its other principal officers and defecting members in the House from taking any step “to alter or change the leadership of the 1st defendant (PDP).”
Speaker Tambuwal, Deputy Speaker Emeka Ihedioha, other principal officers of the House, and the PDP members who have recently decamped to the All Progressives Congress (APC) are defendants in the suit.
in a supporting affidavit Nanchang Ndam of the PDP claimed that while the defection of some of the defendants is still a subject of litigation before Justice Mohammed, the defendants, led by Minority Leader, Femi Gbajabiamila have threatened to reshuffle the leadership of the House.
Unless the defendants were restrained, he said, they could actualise their plan, thereby prejudicing the earlier suit, which can lead to breakdown of law and order, and as well parallel the activities of the House.
In the suit, marked FHC/ABJ/CS/2/2014, the plaintiff raised two questions for the court’s determination and sought for four reliefs. It asked the court to determine if, 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, the defecting lawmakers can participate in any proceedings to remove principal officers of the lower chambers.
It also asked the court to determine if, in view of the provision of Section 68(1) (g) of the Constitution and the pending suit by the defecting legislators, the decamping lawmakers can lawfully alter the composition or constitution of the House’s leadership.
It further prayed the court to declare that in view of Section 68(1) (g) of the Constitution and the pending case marked FHC/ABJ/CS/621/2013, the defecting lawmakers cannot lawfully vote and contribute to any motion for the removal or change of any of the principal officers of the House.
In another prayer, PDP asked the court to hold that the defecting lawmakers, who are plaintiffs in the earlier suit before Justice Ahmed Mohammed of the same court, are incompetent to sponsor, contribute or vote on any motion calling for the removal or change in the leadership of the House or the removal of any principal officers of the House.
