PDP get’s court’s nod to compel Tambuwal to declare seat vacant

The legal jigsaw that followed the defection of the Speaker of the House of Representatives, Aminu Tambuwal to the opposition All Progressives Congress (APC) continued yesterday with a suit by the Peoples Democratic Party (PDP) asking a Federal High Court sitting in Abuja for an order restraining Tambuwal from continuing to perform the functions of Speaker of House of Representatives.

In addition, the PDP, in a motion exparte moved by its counsel, Chief Mike Ahamba (SAN) asked the court for an order of mandamus compelling the Speaker of the House of Representatives to give effect to the provisions of section 68 [1] [g]of the 1999 Constitution by declaring the Kebbe /Tambuwal Federal Constituency seat vacant.
The exparte motion was brought pursuant to Order 34 Rule 3 Federal High Court (Civil procedure) Rules 2009.
In a 16 paragraph affidavit deposed to by James Ugbogu, he said the PDP National Chairman, Alhaji Adamu Mu’azu informed him that Tambuwal has failed to declare Tambuwal/ Kebbe Federal Constituency seat vacant as a result of personal interest in defiance of the provisions of the constitution.
When the exparte motion was moved on Monday the presiding judge, Justice Ahmed Mohammed ordered the applicant (PDP) to put the defendants on notice by serving them with the court processes and hearing notice through the Clark of the House of Representatives.
The defendants are the Speaker, House of Representatives, Alhaji Aminu Tambuwal and the Deputy Speaker, House of Representatives.
In a 16-paragraphs affidavit in support of the motion exparte, the applicant stated that it was the constitutional duty of the Speaker of the House of Representatives to declare the seat he occupied vacant in the circumstance of his change from the party to APC.
The party further averred that Tambuwal who has picked the gubernatorial nomination form of the APC in Sokoto State to contest for the post of Governor in 2015 general elections has failed to declare his seat vacant as a result of personal interest protection in defiance to the provisions of the constitution.
That unless compelled by an order of mandamus, the Speaker will not perform his official duty as provided under section 68 [2] of the constitution, an office to whici he has clung tenaciously inpsite of his full knowledge of the consequence of a change of party membership.
Meanwhile, the court has dismissed two separate applications filed by the Chairmen of Kebbe Local Government,Hon. Bala Konkani and Hon Sambo Modo the chairman Tambuwal Local Government that sought to join as defendants on the suit brought by Speaker, Aminu Tambuwal.
The other application also dismissed was filed by three members of Sokoto House of Assembly who also wanted to be joined as defendants.
The judge said the applicants have not shown the court how their  interest would be directly affedted if they are not to be joined as defendants in the suit.
“There is no deposition before the court that they will be direclty affected by the outcome of the case if they are not joined as defendants.
“Besides, the interest of the applicants which are same with that of the plaintiff are different from that of the defendants. The persons seeking to be joined as co-defendants did not have the same interest with the defenadnats. They have different and contrary claim with the defenadants’ the court held.