April 2, 2014

APC Appeals Judgment Against 37 Defected Lawmakers

in Politics by Daniel's Chronicle on 5:25 AM

A notice of appeal was filed by lawyer Mahmud Magaji (SAN) on behalf of the Speaker of the House of Representatives, Aminu Tambuwal, and Deputy Speaker, Emeka Ihedioha.

On Monday, Justice Adeniyi Ademola had in his judgment in the suit number FHC/ABJ/CS/4/14, held that there was no division in the Peoples Democratic Party to qualify the legislators to defect and continue to retain their seats in line with the provisions of section 68 (1) (g) of the 1999 Constitution.

Section 68 (1) (g) allows for defection of members of the National Assembly in situations where there is division in political parties.

Challenging the judgment, the appellants argued that the decision of the Federal High Court was "perverse" and was not supported by the reliefs sought by the plaintiff, PDP.

They said that the trial judge "erred in law when he granted reliefs not sought by the plaintiff", adding that the judgment "is against the weight of evidence".

According to the appellants, Justice Ademola wrongly assumed jurisdiction over the suit, which they insisted was an internal affair of the House of Representatives.

The lawmakers also said that the PDP lacked the locus standi to institute the case because it was not predicated on any recognised legal interest

The appellants also said that Justice Ademola made a mistake when he granted the reliefs sought by the plaintiff and went further to hold that the respondents ought to have resigned their seats as members of the House of Representatives.

Furthermore, the appellants argued that the judge was wrong when he held that the reliefs sought by PDP in the suit were justiciable and proceeded to grant the reliefs sought without considering the provision of section 30 of the Legislative Houses (Powers and Privileges) Act Cap L12 Law of the Federation of Nigeria 2004.

This section provides that "neither the President nor the Speaker as the case may be, of a legislative house shall be subjected to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in him by or under this Act or the standing orders of the Constitution."
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