A team of legal practitioners of the Bauchi State chapter of the Peoples Democratic Party (PDP) has called on the Speaker of House of Representatives, Rt. Hon Femi Gbajabiamila, and the leadership of the House to as a matter of necessity invoke the provisions of Section 68(1)(g) and (2) of the 1999 Constitution (as amended) by declaring the seat of the representative of Dass/Bogoro/Tafawa Balewa federal constituency of Bauchi State vacant over the defection of the member currently representing the constituency, Hon. Yakubu Dogara, to the All Progressives Congress (APC) within seven working days of the receipt of the notice.
This demand is contained in a letter July 30, 2020, titled: ‘Demand For The Invocation of The Provisions Of Section 68(1)(g) (2) of the 1999 Constitution (as amended) in respect of the seat of the member representing Dass/Tafawa Balewa/Bogoro federal constituency in Bauchi State: notice of impending legal action’, which was written to the Speaker of the House by a team of legal practitioners on behalf of the state PDP.
In the letter, which was jointly signed by Shipi Rabo, J. S. Jibrin, A. S. Idris and H. S. Saraki, and received by the House of on August 6, 2020, and made available to journalists in Bauchi yesterday, the PDP stated that: “This comes with the further notice that upon your refusal, failure or neglect to heed this demand, we shall proceed to commence legal action against you in a competent court of law.”
The party further stated that “thereby bringing to the fore the import of the famous legal maxim that says: ‘Product agit qui praecepto legis obtemperial’ i.e ‘he should acts prudently who obeys the command of laws’, in the context of your pledge to uphold justice, the rule of law and the deepening of democratic processes as captured in your inaugural address as the Speaker of the ninth House of Representatives.
“We write with esteemed compliments as the legal representatives of the PDP herein referred to as ‘our client to, upon its instructions and authority, forward the subject of this correspondence for your attention and necessary action.”
It therefore stated that: “In the light of this, our client has briefed us that it has been formally notified by Dogara, the member representing Dass/Tafawa Balewa/Bogoro federal constituency, the immediate past Speaker of the House of Representatives, regarding his defection from the PDP to the APC. A copy of Dogara’s notification dated July 24, 2020, is hereby annexed and marked as appendix ‘A’.
“We convey, once again, our regards of the highest considerations even as we patiently await your response during the period of the notice before moving on concerning the subject matter, please.”
