TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Defection: Court dismisses APC senators, Reps’ suit against PDP, Says PDP lacks powers to declare any seat vacant

The Citizen by The Citizen
March 28 2014
in Headlines, Uncategorized
A A
0
22
SHARES
734
VIEWS
Share on FacebookShare on Twitter

An Abuja Federal High Court on Friday struck out a suit filed by some All Progressives Congress senators and members of the House of Representatives to forestall plans to declare their seats vacant as a result of their defection from the Peoples Democratic Party.

The defectors had in the suit asked the court to restrain the Senate President, David Mark, and the Speaker of the House of Representatives, Aminu Tambuwal, from conducting any proceedings aimed at declaring their seats vacant, as well as that of any other member of the PDP who intend to join another political party.

The lawmakers had stated that they approached the court to protect their rights as members of the National Assembly following threats by the PDP to declare their seats vacant.

But in his judgment, Justice Ahmed Mohammed struck out the suit on the grounds that the PDP, which threatened to declare the defectors’ seats vacant, lacked the powers to do so under the law and as such, there was no issue for the court to determine.

The judgment was initially scheduled to be delivered on Wednesday but the defected lawmakers, through their lawyer, Mahmoud Magaji, SAN, initiated a last-minute bid to stop the court from giving its decision by filing a motion, asking the court to adjourn the verdict indefinitely, pending the hearing and determination of a referral application they filed at the Court of Appeal, Abuja Division.

The development prevented the court from delivering the judgment on Wednesday but after dismissing the motion in a ruling on Friday, Justice Mohammed went ahead to give his verdict.

Giving a summary of the facts of the case, he noted that, following the threat by PDP to declare their seats vacant, the defected lawmakers had asked the court to determine whether the crisis in the party, which culminated in a parallel national convention, does not qualify as a division to warrant them to defect and continue to retain their elective seats in line with the provisions of section 68 (1) (g) of the 1999 Constitution.

Section 68 (1) (g) of the 1999 Constitution allows for defection in cases where there is division within political parties, and the defected lawmakers argued that there was a split in the PDP to qualify them to defect and still retain their seats.

The lawmakers therefore urged the court to declare that they can defect without losing their seats because there was a division in the PDP, and in the same vein, make an order restraining the Senate President and the Speaker of the House of Representatives from declaring their seats vacant.

They equally asked the court to restrain the Independent National Electoral Commission from accepting the nomination of any candidate and conducting bye-elections aimed at filling their seats.

PDP, on its part, through its counsel, Joe Gadzama, SAN, argued that there was no division within its ranks, describing the crisis that led to the defection of the plaintiffs as a mere ‘disagreement.’

The party also pointed to the judgment of Justice Evoh Chukwu of the Abuja FHC, which restrained the Abubakar Baraje-led New PDP from parading as the national leadership of the party, to emphasise its argument that there was no division in the party.

After summarizing the issues involved in the case, Justice Mohammed noted that “it is clear that the crux of the plaintiffs’ action is the alleged threat by the PDP to declare their seats vacant over their defection to another political party.”

“The power to declare seats vacant lies on the President of the Senate and the Speaker of the House of Representatives and not the PDP,” the judge explained.

He added that while the case was pending before the court, PDP filed two separate suits, asking the court to compel the Senate President, and the Speaker of the House of Representatives, respectively, to declare vacant, the seats of 12 senators and 42 members of the House of Representatives who decamped to the APC, including all the plaintiffs.

“Both suits are pending before me,” the judge said, adding that the pending suits have shown that PDP has submitted the dispute that arose over the defection of the lawmakers to the court.

Striking out the defected lawmakers’ suit, Justice Mohammed said, “Considering the two pending suits, is there any threat to declare the seats of the plaintiffs vacant without recourse to the court? No.

“This is because PDP has submitted the matter to the court and cannot take the law into its own hands.

“In the final analysis, since the plaintiffs’ suit is based on the alleged threat by the PDP to declare their seats vacant, and the fact that the PDP has submitted the same dispute to the court for determination, I am of the view that there is no life issue in the application brought by the plaintiffs, which I consider to be merely academic.

“And since the court cannot engage in academic exercises, the plaintiffs’ application is accordingly struck out.”

However, Justice Mohammed quickly moved to stress that despite the striking out of the defected lawmakers’ application, the matter is still before the court because of the two pending suits filed by PDP in a bid to compel the Senate President and the Speaker of the House of Representatives to declare their seats vacant.

Referring to the pending suits, the judge said the defected lawmakers should not be apprehensive about their positions in the National Assembly as they still have the opportunity to state their case before the court.

The two pending suits will come up for hearing on April 17.

In the two suits, the PDP listed 12 senators and 42 members of the House of Representatives who it wants the court to compel the Senate President and the Speaker to declare their seats vacant, including Sen. Abdulahi Adamu, Sen. Mohammed Ali Ndume, Sen. Umaru Dahiru, Sen. Muhammed Shaaba Lafiaji, Sen. Bukola Saraki, Sen. Magnus Abe, Sen. Wilson Ake, Sen. Danjume Goje, Sen. Bindowo Mohammed Jibrilla, Sen. Aisha Jummai Al-Hassan and Sen. Ibrahim Gobir.

Share9Tweet6
Previous Post

Lamis Dikko appointed chairman of Unity Bank

Next Post

Adamawa farmers get CBN N886m loan

Related Posts

2027: Atiku delays ADC membership card collection amid rumoured Jonathan comeback
Headlines

Atiku condemns Kebbi school attack, laments insecurity

November 17 2025
Gunmen abduct 25 girls from Kebbi boarding school, kill vice principal
Headlines

Gunmen abduct 25 girls from Kebbi boarding school, kill vice principal

November 17 2025
Trump slaps Nigeria with 15% trade tariff
Headlines

Alleged Christian genocide: US Congress begins full-scale probe into Nigeria’s killings

November 17 2025
Lieutenant Yerima escapes assassination attempt in Abuja
Headlines

Lieutenant Yerima escapes assassination attempt in Abuja

November 17 2025
FG cancels mother tongue policy, declares English sole medium of instruction
Headlines

FG cancels mother tongue policy, declares English sole medium of instruction

November 12 2025
Senate rejects Natasha’s petition on procedural grounds
Headlines

Senate approves Tinubu’s N1.15tr domestic loan to fill 2025 budget gap

November 12 2025
Next Post

Adamawa farmers get CBN N886m loan

National Confab is a wasteful venture, says Kwankwaso

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

South East traditional rulers outlaw use of Eze Ndigbo title outside region

South East traditional rulers outlaw use of Eze Ndigbo title outside region

by The Editor
November 11 2025
0

...

MOWAA cancels preview event as thugs storm new art museum

MOWAA cancels preview event as thugs storm new art museum

by The Editor
November 10 2025
0

...

Benue APC to receive over 80,000 defecting opposition members  — State Chairman

APC sweeps chairmanship seats in Niger LG poll

by The Editor
November 4 2025
0

...

Imo: Oguta community abolishes Ohu outcaste system

Imo: Oguta community abolishes Ohu outcaste system

by The Editor
November 4 2025
0

...

APPOINTMENTS

Tinubu appoints 8 new perm secs

Tinubu appoints Nwabueze as tax ombudsman

by The Editor
November 5 2025
0

...

Tinubu seeks Senate confirmation of Enugu Attorney-General as minister

Tinubu seeks Senate confirmation of Enugu Attorney-General as minister

by The Editor
November 4 2025
0

...

INEC Chairman appoints ex-PUNCH editor, Oketola, as Chief Press Secretary

INEC Chairman appoints ex-PUNCH editor, Oketola, as Chief Press Secretary

by The Editor
October 27 2025
0

...

Katsina governor reshuffles state cabinet

Katsina governor reshuffles state cabinet

by The Editor
October 25 2025
0

...

ODDITIES

Teenager plucks sister’s eyes for ritual in Bauchi

Man in custody for stealing school desks in Bauchi

by The Editor
November 12 2025
0

Oyo teacher beaten to death by students over gambling

Oyo teacher beaten to death by students over gambling

by The Editor
November 10 2025
0

Kidnappers collect N2.8m ransom, free Abuja woman, two daughters

Woman fakes abduction, demands ₦5m ransom from husband in Edo

by The Editor
November 4 2025
0

GLOBAL NEWS

Nigeria teams up with US, UK to investigate cocaine haul

Nigeria teams up with US, UK to investigate cocaine haul

by The Editor
November 11 2025
0

...

20 die in Turkish military plane crash in Georgia

20 die in Turkish military plane crash in Georgia

by The Editor
November 11 2025
0

...

U.S Embassy announces new visa fees, blames Nigerian govt

Trump orders tougher visa screening regime

by The Editor
November 10 2025
0

...

US to end Temporary Protected Status for South Sudanese nationals

US to end Temporary Protected Status for South Sudanese nationals

by The Editor
November 7 2025
0

...

Nigeria continues denial of state-backed religious persecution

Nigeria continues denial of state-backed religious persecution

by The Editor
November 4 2025
0

...

State of the States

Gov. Adeleke presents N705.7bn 2026 budget before Osun Assembly

Gov. Adeleke presents N705.7bn 2026 budget before Osun Assembly

by The Editor
November 12 2025
0

...

Plateau governor presents N914bn budget to Assembly

Plateau governor presents N914bn budget to Assembly

by The Editor
November 12 2025
0

...

Gov. Mbah bags AFRIFF Excellence Award, vows to restore Enugu’s position as creative hub

Gov. Mbah bags AFRIFF Excellence Award, vows to restore Enugu’s position as creative hub

by The Editor
November 11 2025
0

...

Soludo pledges to work harder in second term

Soludo pledges to work harder in second term

by The Editor
November 11 2025
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
2027: Atiku delays ADC membership card collection amid rumoured Jonathan comeback

Atiku condemns Kebbi school attack, laments insecurity

November 17 2025
Gunmen abduct 25 girls from Kebbi boarding school, kill vice principal

Gunmen abduct 25 girls from Kebbi boarding school, kill vice principal

November 17 2025
Insecurity: My negotiation with bandits was with approval, says Gumi

Insecurity: My negotiation with bandits was with approval, says Gumi

November 17 2025
Tinubu approves licences for 11 private universities

Tinubu, name ambassadors now! – Punch

November 17 2025

EDITORIAL REVIEW

Tinubu approves licences for 11 private universities

Tinubu, name ambassadors now! – Punch

by The Editor
November 17 2025
0

Sustaining food price drop – Punch

Sustaining food price drop – Punch

by The Editor
November 12 2025
0

Amnesty Int’l damning report on South-East killings – The Sun

The additional state for South East – The Sun

by The Editor
November 11 2025
0

Gov. Bago directs Niger state residents to defend selves against terror attacks

Niger State: Self-protection with what? – Punch

by The Editor
November 11 2025
0

FIFA project exposes infrastructure deficit – Punch

FIFA project exposes infrastructure deficit – Punch

by The Editor
November 10 2025
0

Opinion

Dear Senator Tinubu, Buhari has thrashed us all!

If a coup happens in Nigeria, who will fight for democracy?

by The Editor
October 23 2025
0

...

Tinubu finds his own demons

Next time, Umahi should go to NTA

by The Editor
October 16 2025
0

...

Objections over presidential pardon for grave offenders

Objections over presidential pardon for grave offenders

by The Editor
October 13 2025
0

...

1975 public service purge: What have we learnt?

1975 public service purge: What have we learnt?

by The Editor
September 30 2025
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.