DEFECTION: 37 LAWMAKERS ASK COURT TO STOP EXECUTION OF JUDGMENT **Accuses Judge of bias **afraid of their seats being declared vacant as pressure mounts on Tambuwal The embattled 37 lawmakers whose seat at the House of Representatives are currently under threat yesterday filed a motion to stop the execution of the judgment of a Federal High Court which held that having relinquished the mandate of their constituents by decamping to the All Progressive Congress [APC] from the Peoples Democratic Party [PDP] they have no business to remain in the House. Besides the motion for stay, 18 of the affected lawmakers have jointly filed an appeal against the entire decision of the trial court. They are Hon. Abdullahi Balarabe; Abdulmumin Jibrin; Abdulahi Wamako; Aliyu Patigi; Ahmed Zerewa; Aishatu Ahmed; Aiyedun Olayinka; Alhassan Garba; Aliyu Mandaki; Aliyu Shehu and Aminu Shagari. The rest are Aminu Suleiman; Aminua Tukur; Andrew Uchendu; Asita Honourable; Bashir Babale; Blessing Usiegbe and Dakuku Peterside. In their six grounds of appeal, the appellants contended that the trial judge erred in law when, in spite of their objection and the clear lack of jurisdiction of the court over the subject matter of the suit, he still assumed jurisdiction and determined the matter on the merits. It is also their contention that the trial judge erred in law and lacked jurisdiction when he ordered the appellants to vacate their seats as members of the House. They further posited that the trial judge was biased in the entire proceedings and this affected his perception of the suit and the ultimate decision he gave, resulting in breach of appellants’ right of fair hearing. The embattled lawmakers are further asking for an order of interlocutory injunction restraining the House of Representatives, the Speaker of the House of Representatives, the deputy Speaker of the House of Representatives and the Clerk of the House of Representatives from preventing or interfering in any way with their rights to participate in any of the official, plenary or other business of the House of Representatives. The motion for stay filed by their counsel and a renowned constitutional lawyer, Mr. Sabastine Hon [SAN] disclosed that already, the House of Representatives has started making moves to compel the lawmakers to vacate their seats as members of the House of Representatives. In a 22 paragraphs affidavit in support of the motion for stay, the applicants averred that they were elected by their constituents to represent them in the House of Representatives on a term of four years respectively which is still running. That if they cease to so represent their constituents, there will be no representation of the interest of those constituents in the House. That the process of further amending the1999 constitution is in progress; and if not restrained the respondents may hinder the appellants from participating in the process. They further averred that the amendment of the constitution requires 2/3 majority; and if they are not permitted to participate in the process, the requisite 2/3 majority may not be attained. That the entire country will suffer irreparable damage if the provisions of the 1999 constitution which require further amendment are not amended due to the enforcement of the judgment of the court. The applicants further averred that the National Assembly is currently amending the Electoral Act, 2010, preparatory to the 2015 general elections. That if the judgment of the court is not stayed and they are prevented from participating in the plenary or amendment process, the process might be truncated because the members might fall short of the simple majority that would ensured such amendments, if some of the appellants would have voted to support the said amendments.
Posted on: Fri, 04 Apr 2014 15:27:59 +0000
Trending Topics
Recently Viewed Topics
© 2015