Why Court dumped PDP’s bid to remove Tambuwal as Speaker

Date:

• Executive, Legislature face-off deepens as Speaker seeks neutral judge over defection case

Thank you for reading this post, don't forget to subscribe!

rp_B21102-Aminu-Tambuwal.jpgTHE Federal High Court, Abuja Division, yesterday turned down the request of the People’s Democratic Party (PDP) for an order of mandamus to compel Aminu Tambuwal to vacate his seat as Speaker of the House of Representatives following his defection from the majority party (PDP).

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.

In the ex-parte request, PDP ‎is challenging the propriety of Tambuwal holding up to the Speakership after defecting to the All Progressives Congress (APC).

The plaintiff is praying the court to compel Tambuwal to vacate his membership of the House, having regard to his defection on October 28, 2014.

Upon the refusal of the ex-parte application, Justice Mohammed consequently adjourned till December 12, 2014 for hearing.

Joined as respondents in the suit are the Speaker of the House of Representatives, Aminu Tambuwal and the Deputy Speaker of the House of Representatives.

In a different ruling, Justice Mohammed had also stopped the chairmen of Kebbe and Tambuwal local 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 aides and seeking 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) who had last Friday begged the court to be joined as co-defendants in the suit.

The court, which stopped them on the ground that their interest in the matter did not align with that of the defendants and as such could not join as co-defendants, noted that the interest of the applicants bothers on the seat of the Speaker, adding that Tambuwal, who is the plaintiff in the instant case, had presented all his requests before the court.

The applicants had last Friday begged the court to be joined as co-defendants.

In the suit filed by PDP, the plaintiff is further seeking an order compelling Tambuwal to, in his capacity as Speaker, prior to his action, declare vacant the Kebbe/Tambuwal Constituency seat, which he represents.

The plaintiff also wants the court to give express effect to Section 68 (i) (g) of the 1999 constitution (as amended).

Meanwhile, Tambuwal has written a petition to the Chief Judge of the Federal High Court, praying that his suit allegedly assigned to Justice Evoh Chukwu be re-assigned to another judge for likelihood of bias on Chukwu’s part.

In a petition against Justice Chukwu, Tambuwal who is billed to preside over plenary session when the House reconvenes tomorrow (Wednesday) barring any last minute changes, yesterday prayed the Federal High Court, presided over by Justice Ibrahim Auta to reassign the case to a “neutral judge who has not made any judicial pronouncement on the issue, or made public his own opinion on the issue at hand.”

In the petition seeking the reassignment of the suit to another judge, the Speaker observed that the presiding judge, Justice Chukwu, had in the past “made a pronouncement on similar issues, in similar cases decided by him,” and submitted that the learned Justice is likely to harbour “an iron-cast judicial position or opinion in respect the suit.”

The document made available to newsmen in Abuja yesterday read in parts: “My attention has been drawn to the above suit, which has been assigned to Court 8, presided over by Justice ESJ Chukwu, and we wish to make the following observations:

“Sometime in 2013, the said presiding judge, Justice ESJ Chukwu presided over the case of Peoples Democratic Party & 12 others vs. INEC & four others, wherein he made a judicial pronouncement, which has been interpreted by some to the effect that there was no division in PDP.

“The above decision of Justice Chukwu, ESJ was heavily relied upon and cited severally in the case of Peoples Democratic Party vs. (1) House of Representatives; (2) the Speaker of the House of Representatives & 52 others, suit No. FHC/ABJ/CS/4/2014.

“Consequently, Justice A.F.A Ademola, relying on the said judgment of his brother, Justice Chukwu, ESJ, even though the said suit before him had nothing to do with defection, ruled that there was no division within the PDP. And as such, the defendants in that case, who are members of the House of Representatives, who have similar cases as mine currently pending in the Federal High Court Abuja were not protected by proviso to Section 68 (1) (g) of the 1999 Constitution. He rested his decision on that earlier judgment of Justice Chukwu aforementioned.

“The said judgment of Justice A.F.A Ademola, in suit No. FHC/ABJ/CS/4/2014 is subject of four pending appeals at the Court of Appeal, Abuja Judicial Division viz Appeal No. CA/A/343/2014 and Appeal No. CA/A/343A/2014 and CA/A/343B/2014 and Appeal No. CA/A/343D/2014.

“My Lord, similar suits were variously instituted by various parties and are pending before the Federal High Court No. 7, presided over by Justice A.R Mohammed, in suits No. FHC/ABJ/CS/621/2013; Between Senator Bello Hayatu Gwarzo & 78 ORS vs. Alhaji Bamanga Tukur & four others  and are at various stages of proceeding pending before Court 7, presided over by Justice A.R Mohammed.

“My Lord, my apprehension is particularly in respect of the presiding Judge, Justice Chukwu ESJ, having made a pronouncement on similar issues, in similar cases decided by him, clearly shows that he has an iron-cast judicial position or opinion in respect of suit No. FHC/ABJ/CS/871/2014 concerning me Sir, which has just been assigned to him.

“My apprehension is further fortified by the fact that both decisions of Justice Chukwu and Justice Ademola as captured in the said suits are subject of appeal in the Court of Appeal.

Buttressing his position, Tambuwal made reference to the case involving Metropolitan properties Co. Ltd vs Lannan and Others, wherein Lord Denning said: “In considering whether there was a real likelihood of bias, the court does not look at the mind of the justice himself or at the mind of the chairman of the tribunal, or whoever it may be, who sits in a judicial capacity. It does not look to see if there was a real likelihood that he would, or did, in fact favour one side at the expense of the other. The court looks at the impression, which would be given to other people. Even if he was as impartial as could be, nevertheless, if right-minded persons would think that, in the circumstances, there was a real likelihood of bias on his part, and then he should not sit. And if he sits, his decision cannot stand … The court will not inquire whether he did, in fact, favour one side unfairly. Suffice it that reasonable people might think he did. The reason is plain enough. Justice must be rooted in confidence; and confidence is destroyed when right-minded people go away thinking: ‘The judge was biased.”

“In view of the above stated facts, I humbly urge my Lord to re-assign the said Suit No. FHC/ABJ/CS/871/2014 to a neutral judge, who has not made any judicial pronouncement on the issue, or made public his own opinion on the issue at hand.”

Babatunde Akinsola
Babatunde Akinsolahttps://naija247news.com
Babatunde Akinsola is aNaija247news' Southwest editor. He's based in Lagos and writes on the Yoruba Nation political issues, news and investigative reports

Share post:

Subscribe

Popular

More like this
Related

Access Holdings to pay N1.80 as final dividend to shareholder

March 28, 2024. Azonuchechi Chukwu. Access Holdings has revealed plans to...

Police gun down two notorious bandits in Benue

March 28, 2024. Azonuchechi Chukwu. Men of Operation Zenda, a Joint...

Army declares eight wanted in connection with the k!lling of its officers in Okuama

March 28, 2024. Azonuchechi Chukwu. The Nigerian Army has declared eight...

Naira Appreciates Against Dollar at the NAFEM Window

March 28, 2024. Azonuchechi Chukwu. The Naira’s euphoric appreciation against the...
Social Media Auto Publish Powered By : XYZScripts.com

Discover more from Naija247news

Subscribe now to keep reading and get access to the full archive.

Continue reading