Tambuwal Urges CJ To Reassign Suit

House of Representatives Speaker Aminu Tambuwal has petitioned the Chief Judge of the Federal High Court, Justice Ibrahim Auta, in protest against a move by the Presidency and the Peoples Democratic Party (PDP) to sack him from office through an ex-parte application.

He urged the Chief Judge to reassign a new case filed by a member of the House of Representatives, Hon. Isiaq Akinlade, who is seeking an ex-parte order to declare his seat vacant, to a neutral judge.

He said the trial judge, Justice ESJ Chukwu, cannot sit on appeal over his own decision.

He also said Justice Chukwu has an “iron cast judicial position or opinion” in respect of the new suit on him, which has just been assigned to the judge.

Tambuwal, in a November 30, 2014 petition to the Chief Judge, said there are five pending suits on a similar application by Akinlade.

The petition reads in part: “My attention has been drawn to the above suit, which has been assigned to Court 8, presided over by Justice ESJ Chukwu and we wish to make the following observations:

“Sometime in 2013, the said Presiding Judge, Justice ESJ Chukwu presided over the case of Peoples Democratic Party & 12 Ors VS. INEC & 4 Ors, wherein he made a judicial pronouncement, which has been interpreted by some , to the effect that there was no division in Peoples Democratic Party.

“The above decision of Justice Chukwu, ESJ was heavily relied upon and cited severally in the case of Peoples Democratic Party VS. (1) House of Representatives; (2) the Speaker of the House of Representatives & 52 Ors, Suit No. FHC/ABJ/CS/4/2014.

“Consequently, Justice A.F.A Ademola, relying on the said judgment of his brother Justice Chukwu, ESJ, even though the said suit before him had nothing to do with defection, ruled that there was no division within the Peoples Democratic Party.

“And as such, the Defendants in that case, who are members of the House of Representatives, who have similar cases as mine, currently pending in the Federal High Court Abuja, were not protected by proviso to Section 68(1)(g) of the 1999 Constitution. He rested his decision on that earlier judgment of Justice Chukwu aforementioned.

“The said judgment of Justice A.F.A Ademola, in Suit No. FHC/ABJ/CS/4/2014 is subject of four pending Appeals at the Court of Appeal Abuja Judicial Division viz Appeal No. CA/A/343/2014 and Appeal No. CA/A/343A/2014 and CA/A/343B/2014 and Appeal No. CA/A/343D/2014.”

He listed five similar suits before the Federal High Court which had not been decided.

He added: My Lord, similar suits were variously instituted by various parties and are pending before the Federal High Court No. 7, presided over by Justice A.R Mohammed, in Suits No. FHC/ABJ/CS/621/2013; Between Senator Bello Hayatu Gwarzo & 78 Ors VS. Alh. Bamanga Tukur & 4 Ors and are at various stages of proceeding pending before Court 7, presided over by Justice A.R Mohammed, some of these cases are:

• Peoples Democratic Party vs the  House of Representatives & 53 Ors – Suit FHC/CS/ABJ/4/2014.
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• Peoples Democratic Party VS. the  House of Representatives – Suit FHC/CS/ABJ/57/2014
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• Peoples Democratic Party  VS the President of  the Senate – Suit FHC/CS/ABJ/65/2014.
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• Nnamdi  Nwokocha Ahaiwe VS. the Senate President & Ors – FHC/ABJ/CS/79/2014
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• AG Federation VS. the House of Representatives– FHC/ABJ/CS/317/2014.