Court Declines To Stop Tambuwal

The Peoples Democratic Party (PDP) failed yesterday in its bid to sack House of Representatives’ Speaker Aminu Tambuwal.

The  Federal High Court in Abuja refused an ex-parte motion filed by the party’s member, Abiodun Akinlade.

Akinlade, a member of the House or Representatives, representing Yewa South/Ipokia Federal Constituency of Ogun State, had by the motion, sought to restrain Tambuwal from continuing to act or parade himself as the Speaker of the House of Representatives, pending the hearing and determination of the motion on notice.

He also sought an order dispensing with personal service and for substituted service on Tambuwal “by serving all processes in this suit in the office of the Speaker, House of Representatives”.

Akinlade’s lawyer Babs Akinwumi, while moving the ex-parte motion, urged the court to grant the interim injunctions sought by his client pending the hearing of the substantive suit earlier filed by the lawmaker.

Ruling, Justice Ahmed Mohammed refused Akinlade’s prayers on the ground that it was unfair to defendants in the case for the court to make ex-parte orders against them when they were already aware of the case and were represented in court by lawyers.

He ordered Akinlade to convert the ex-parte application to a motion on notice and serve it on the defendants to enable them respond to it.

“In this situation, all the parties are represented in this case. It will be most unfair to grant an order ex-parte against a party that has representatives in a case,” the judge said.

He fixed January 19 for further hearing in the case.

Defendants in the suit are Tambuwal (as the first defendant), the House of Representatives and the Independent National Electoral Commission (INEC).

In the substantive suit, Akinlade is seeking a “judicial interpretation” of an earlier judgment delivered by Justice Evoh Chukwu of the Federal High Court in Abuja, which held that there was no division in the PDP.

The suit is intended to justify the PDP’s position that Tambuwal’s defection to the All Progressives Congress (APC) on October 28 was “illegal” and in breach of Section 68(1) (g) of the 1999 Constitution (as amended).

Akinlade is urging the court to declare Tambuwal’s seat vacant on the ground that his defection is illegal.

The suit was earlier assigned to Justice Chukwu.

He withdrew from handling it on December 2, after Tambuwal petitioned the court’s Chief Judge, Justice Ibrahim Auta, requesting the transfer of the case to another on the ground that he was likely to be bias in view of his earlier position in a similar case.