Court asks 37 defecting PDP members to resign
(Nigeria) A Federal High Court in Abuja on Monday asked 37
former members of Peoples Democratic Party, PDP to resign their seats at the
House of Representatives for defecting to the opposition All Progressive
Congress, APC.
The court perpetually restrained the legislators from
effecting any leadership change in the assembly.
The court was delivering judgment in a matter brought by PDP
asking that the legislators should not be allowed to take part in the
activities of the assembly.
Trial judge, Justice Adeniyi Ademola, held that the
lawmakers no longer had any business, morally and legally in the assembly.
He said they should honourably resign from their seats as
members of the House of Representatives, having moved to another political
party while their tenure had yet to expire.
``Having perused the arguments of counsel and the
constitutional provisions, it is clear and unambiguous that the defendants were
sponsored by the PDP and won the election on its platform. It is also the
court’s opinion that their tenure has not expired and there is no division in
the PDP.
``The defendants are, therefore, not competent to vote or
contribute to any proceedings in the House of Representatives. An order of
perpetual injunction is, hereby, ordered, restraining them from altering or
attempting to change the leadership of the House of Reps,’’ Ademola said.
The PDP had on January 7 instituted a suit seeking to
restrain the House of Representatives from altering the composition of its
leadership.
The party had commenced the action following the defection
of 37 legislators, who won elections on its platform, to the opposition APC.
PDP’s counsel, had, while arguing the originating summons,
faulted the cross-carpeting of the lawmakers, saying that the legislators did
so during the dependency of a judgment.
He argued that by virtue of the October 2013 judgment of
Justice Evoh Chukwu, which said there was no division in PDP, the matter had
been laid to rest.
Counsel further submitted that by virtue of the provision of
Section 68(1)(g) of the 1999 Nigerian constitution, as amended, the lawmakers ought to have vacated their seats
immediately.
Counsel to the defendants, had in his submission, argued
that it was wrong for the PDP to have sought to restrain its former members
from activities of the assembly for defecting.
Other defence counsel had prayed the court to dismiss the
suit.
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