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