The Speaker of the House of Representatives, Aminu Tambuwal, was charged by two lawyers,
Anthony Nwajiugo and Okechukwu Ebirim, on Monday after they appeared
before a Federal High Court in Lagos, asking it to restrain the speaker
from parading himself over his defection from the Peoples Democratic
Party (PDP) to the All Progressives Congress (APC).
The lawyers said that having defected from the party for which he was elected into the House, Tambuwal “cannot remain and has, by his action, lost the competence to remain as the Speaker.”
The lawyers specifically argued 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 blamed his defection on the crisis within the PDP in his home state of Sokoto.
According to The Guardian, when the case came up Monday, 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.
But in a brief ruling, Justice Buba transferred the matter to the Abuja Division of the court, and further directed the applicants to approach the Chief Judge of the Federal High Court, Justice Ibrahim Auta, for a further directive on when the matter would come up in Abuja.
According to The Guardian, the applicants specifically formulated two questions for determination and they are:
“Whether by the combined effect of Sections 68 (1) (g) and 50 (2) (a) of the 1999 Constitution (as amended), Hon. Aminu Tambuwal of Kebbe/Tambuwal Federal Constituency of Sokoto State is competent to remain the presiding officer and Speaker of House of Representatives?
“Whether by the clear combined effect of the provision of Section 50 (1) (b) and Section 50 (2) (a) of the 1999 Constitution (as amended) the House of Representatives is properly constituted with a competent and constitutional Speaker to enable it proceed on its regular legislative business?”
The lawyers said that having defected from the party for which he was elected into the House, Tambuwal “cannot remain and has, by his action, lost the competence to remain as the Speaker.”
The lawyers specifically argued 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 blamed his defection on the crisis within the PDP in his home state of Sokoto.
According to The Guardian, when the case came up Monday, 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.
But in a brief ruling, Justice Buba transferred the matter to the Abuja Division of the court, and further directed the applicants to approach the Chief Judge of the Federal High Court, Justice Ibrahim Auta, for a further directive on when the matter would come up in Abuja.
According to The Guardian, the applicants specifically formulated two questions for determination and they are:
“Whether by the combined effect of Sections 68 (1) (g) and 50 (2) (a) of the 1999 Constitution (as amended), Hon. Aminu Tambuwal of Kebbe/Tambuwal Federal Constituency of Sokoto State is competent to remain the presiding officer and Speaker of House of Representatives?
“Whether by the clear combined effect of the provision of Section 50 (1) (b) and Section 50 (2) (a) of the 1999 Constitution (as amended) the House of Representatives is properly constituted with a competent and constitutional Speaker to enable it proceed on its regular legislative business?”
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