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Court fixes date to hear PDP's suit to unseat Tambuwal

12 December 2014, 17:35

Abuja - An Abuja Federal High Court has fixed Jan. 19, 2015 for hearing in a suit filed by the Peoples Democratic Party (PDP) seeking to unseat the Speaker, House of Representatives , Aminu Tambuwal.

Justice Ahmed Mohammed adjourned the case on Friday after hearing the submissions of PDP’s counsel, Mr Mike Ahamba (SAN), Tambuwal’s counsel, Mr Mahmoud Magaji (SAN).

He also heard the submission of the counsel to the House of Representatives, Mr Jibril Okutepa (SAN).

The News Agency of Nigeria (NAN) recalls that PDP had approached the court with a motion ex-parte seeking an order compelling the Deputy Speaker, Emeka Ihedioha, to declare Tambuwal’s seat vacant.

PDP’s suit was sequel to Tambuwal’s defection from the PDP to All Progressives Congress (APC) his refusal to vacate his seat and instead went to court to stop his removal.

Also read: Court grants Tambuwal's constituents joinder application

The party, in the suit marked; FHC/ABJ/CS/901/2014, joined the Speaker, Tambuwal (individually) and Deputy Speaker, Chief Emeka Ihedioha, as co-respondents.

Ahamba said: "PDP wants an order of court compelling the Deputy Speaker to declare the Kebbe/Tambuwal seat vacant.’’

"An order of mandamus compelling Tambuwal to give effect to Section 68 (1) (g) of the 1999 Constitution by declaring his seat vacant having publicly resigned on Oct. 28.

"An order restraining him from performing or continuing to perform the function of House of Representatives Speaker, or sitting or continuing to sit in the House of Representatives as a member.’’

Justice Mohammed had on Dec. 1, granted leave to PDP to apply by way of a judicial review for an order of mandamus compelling Ihedioha to declare Kebbe/Tambuwal Federal Constituency vacant.

The court further ordered the PDP to serve on the respondents, hearing notices and the substantive originating processes through the Clerk of the House of Representatives.

However, at Friday’s sitting slated for hearing, both Magaji and Okutepa said they received the service of processes from Ahamba only on only Dec. 9, adding that they needed time to respond.

A court clerk also informed the court that the Clerk was served with the court processes on Dec. 4.

He said that the purpose was for the clerk to transmit the court processes to the Speaker and Deputy Speaker respectively as earlier ordered by the court.

The judge, therefore, adjourned the case until Jan. 19 for the clerk to transmit the court service to Tambuwal and Ihedioha for them to get set for hearing of the originating summons. 




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