Reps Speaker sues PDP, Muazu, I-G, others 

The Speaker of the House of Representatives, Aminu Waziri Tambuwal, yesterday stormed the premises of the Federal High Court, Abuja to personally depose to an affidavit in support of a suit he filed, seeking, among others, to restrain the People’s Democratic Party (PDP) and six others from taking steps to remove him from office. Dressed in white agbada and white cap, Tambuwal, who was accompanied to court by a large crowd comprising aides and supporters, arrived the court around 12 noon and left some few minutes after his lawyers completed the necessary documentations in respect of the case. Joined with the PDP in the suit, with his new party, the All Progressive Congress (APC) as co- plaintiff, include PDP’s National Chairman, Adamu Muazu, the House of Representatives, the Deputy Speaker of the House, the Inspector General of Police (IGP), the Independent National Electoral Commission (INEC) and the Attorney general of the Federation (AGF). Why he defected Tambuwal argued that he still remains a member of the House of Representatives and the House’s Speaker. He added that he was elected the House’ Speaker on June 6, 2011 by members of the House, not because he was a member of the PDP, but by virtue of his being a member of the House. He stated that he had been a member of the New PDP faction of the party when it became factionalised late last year. He added that his faction of the PDP merged with the APC on November 26, 2013 and that by virtue of the merger he became a member of the APC. The Speaker stated that the PDP still remains factionalsied in his home state of Sokoto, which informed why he informed members of the House of Representatives that his defection was also informed by the situation of things in his state. “I know as a fact that all efforts to harmonise the factions of the PDP in my home state in Sokoto has failed as there are still factions in the state. I informed the members of the 3rd defendant (House of Reps) whilst announcing my decision to join the New PDP faction, who merged with the 2nd plaintiff (APC) that my membership of the 2nd plaintiff was based on the circumstances in my home state.” Tambuwal further stated that since he announced his defection, the PDP and its Chairman have consistently threatened to declare his seat vacant and withdraw all rights and benefits including security details attached to him. He stated that he is aware that the court had in two deferent cases held that the seats of other former members of the New PDP, who are now members of the APC cannot be declared vacant. He cited the case to include that of the PDP and 1 other vs. Honourable Rasak Atunwa and 20 others, suit No: FHC/IL/CS/6/2014 delivered on June 26, 2014 and the case of Ibrahim Magaji Gusau and 2 others vs Honourable Lawal Mohammed Zyyana and 20 others, suit No: FHC/ S/CS/4/2014 delivered on July 3, 2014. He further stated that when he became a member of APC, all the defendants, except the INEC, “began to intimidate, harass and use self- help against me, and they purported to declare my seat vacant. “In further demonstration of the unconstitutional conduct, the 5th defendant (IGP) withdrew all my security details and thereafter issued a press statement justifying the said withdrawal by citing provisions of the Constitution. “I know that I received threats that the 1st – 5th defendants will cause the 3rd defendant to remove me from the office of Speaker because of my membership of the 2nd plaintiff and the 5th defendant issued a statement in that direction after he withdrew my security details.” He said he has become apprehensive that all the defendants, except INEC, “will use unlawful means to make good their threat if this court does not intervene to stop them.” Injunction ambuwal is praying the court for an order of perpetual injunction restraining the defendants and their agents from taking any steps or further steps to abrogate or diminish or take away or interfere with or infringe his rights and privileges as Speaker and a member of the House before the expiration of his term of office on June 5, 2015. He also wants an order of injunction restraining the defendants and their agents from taking any steps to remove him from office as Speaker and member of the House or in any manner taking steps or further steps to abrogate or diminish his rights and privileges as Speaker and member of the House before the expiration of his current tenure of office on June 5, 2015. Tambuwal seeks an order of perpetual injunction restraining INEC from accepting any nomination of candidates or otherwise organising or conducting a by-election for the purpose of replacing him or taking over his seat as Speaker and member of the House before the expiration of his current tenure of office on June 5, 2015. He wants the court to grant an order of mandatory injunction compelling the IGP and AGF to restore to him, his security details and all other rights, benefits and opportunities appurtenant to members of and office of the Speaker of the House of Representatives. The Speaker also seeks a declaration that the decisions or threatened decisions of all the defendants, except INEC, purporting or planning and or attempting to declare the seat of the 1st plaintiff in the 3rd defendant vacant as a member and Speaker thereof, is unlawful, unconstitutional and ultra vires the powers of the defendants Tambuwal wants a declaration that he remains a member and the Speaker of the 3rd defendant until the expiration of his current term of office on June 5, 2015 notwithstanding his membership of APC unless he is removed in accordance with the provisions of the Constitution. He also seeks a declaration that by virtue of the decisions of the court in the case of PDP and 1 other vs. Honourable Rasak Atunwa and 20 others, suit No: FHC/IL/CS/6/2014 delivered on June 26, 2014 and the case of Ibrahim Magaji Gusau and 2 others vs Honourable Lawal Mohammed Zyyana and 20 others, suit No: FHC/ S/CS/4/2014 delivered on July 3, 2014, and the fact of the 1st plaintiff’s membership of the New PDP that merged with the 2nd plaintiff, his membership of the APC is legal and constitutional within the purview of the Constitution. He urged the court to further declare that since his membership of the APC is legal, he remains a member and Speaker of the House of Representatives until the expiration of his current tenure of office on June 5, 2015, unless he is removed in accordance with the provisions of the Constitution. Tambuwal further seeks a declaration that the withdrawal or purported withdrawal of his security details at the prompting of the defendants, when he has not been removed from office as the Speaker and member of the House of Representatives is unlawful and unconstitutional. He wants the court to hold that the withdrawal of his security details amounts to an act of self-help and a fragrant violation of his constitutional rights to life and security, and constitutes a denial of the rights and privileges, perquisites associated with and appertaining to his office as Speaker and member of the House. In a separate suit filed by Dr. Tunji Abayomi on behalf of Tambuwal, Abayomi prays for a temporary order of court directing the return of the security aides of the speaker pending the determination of the suit. Abayomi also prays the court for an order restraining the defendants from interfering with the rights and privileges whatsoever attached to the office of the Speaker pending the determination of the suit. The two cases are yet to be assigned to a judge.