Court Refuses To Hear Suit Against Tambuwal’s Defection

Justice Ibrahim Buba of the Federal High Court in Lagos yesterday refused to entertain a suit filed by two Lagos-based lawyers, seeking to restrain the speaker of the House of Representatives, Aminu Tambuwal from further parading himself as speaker of the House.

The judge instead transferred the matter to the Abuja division of the court, stating that the Federal Capital Territory is the appropriate venue for the suit since the National Assembly conducts its business in Abuja.

The court also directed the applicants to approach the chief judge of the Federal High Court, Justice Ibrahim Auta for further directive on when the matter would come up in Abuja.

The lawyers, Anthony Nwajiugo and Okechukwu Ebirim, had based their case on the grounds that since Tambuwal, who was elected into the House on the platform of the Peoples Democratic Party (PDP) has left the party, he “cannot remain and has, by his action, lost the competence to remain the speaker.”

They also submitted that the House of Representatives as presently constituted under Tambuwal’s leadership could not embark on any legislative business including the adjournment of plenary sessions or the impeachment of President Goodluck Jonathan.

Tambuwal had defected from PDP to All Progressives Congress (APC), predicating his action on the crisis within the PDP in his home state of Sokoto.

When the case came up for hearing yesterday, the trial judge, Justice Ibrahim Buba directed the applicants to address him on why the matter was filed in Lagos and not Abuja, being the place of business of the sole defendant in the suit, the House of Representatives.

Ebirim, who addressed the court, said the matter was a constitutional matter which could as well be filed in the Lagos division of the court.

The lawyer argued that the House of Representatives also conducts part of its business in Lagos at its liaison office, and that the court was a proper venue for the matter to be filed.

The judge, after listening to his argument, held that the court lacks the jurisdiction to hear the matter.

The applicants formulated two questions for determination, which bordered on whether Hon Tambuwal is competent to remain the presiding officer and speaker of House of Representatives and whether the House is properly constituted with a competent and constitutional speaker as to enable it proceed on its regular legislative business.

 

Source: Leadership