The Federal High court, Abuja division yesterday turned down the request of the People’s Democratic Party (PDP) for an order of mandamus to compel Hon Aminu Tambuwal to vacate his seat as Speaker of the House of Representatives following his defection from the ruling party (PDP) to the All Progressives Congress (APC) party on October 28.
Ruling on an ex-parte application filed on behalf of PDP by Chief Mike Ahamba (SAN), Justice Ahmed Mohammed rather than accede to the party’s request, ordered it to put Tambuwal and two others on notice over the ex-parte application seeking to unseat him.
The PDP had through its counsel, Mike Ahamba (SAN), who argued the application said Tambuwal had lost his seat by virtue of his defection, according to the provisions of Section 68 of the 1999 Constitution.
The party cited the Speaker of the House of Representatives, Aminu Tambuwal and the Deputy Speaker of the House, Hon Emeka Ihedioha as respondents in the motion.
Justice Mohammed, after listening to the ex parte application, ordered the plaintiff to put the respondents on notice. He adjourned the matter till December 12 for hearing.
In a different ruling, Justice Mohammed had also stopped the chairmen of Kebbe and Tambuwal Local Government Councils in Sokoto state, Bala Konkani and Sambo Bello Modo respectively from joining as co-defendants in the suit filed by Tambuwal, challenging the removal of his security details.
Tambuwal is also urging the court to stop the PDP members in the House from declaring his seat vacant.
The court also stopped three members of the Sokoto state house of assembly, Abdulsamad Ibrahim Dasuki (Tambuwal East constituency), Suleiman Hanse (Tambuwal West Constituency) and Shuaib Umar (Kebbe constituency) seeking to be joined as co-defendants.
The court stopped them on grounds that their interest in the matter did not align with that of the defendants and as such could not be join as a co-defendants.
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