Court Refuses To Restrain Tambuwal From Acting As Speaker
Court Refuses To Restrain Tambuwal From Acting As Speaker
Federal High Court in Abuja on Monday rejected
an ex-parte application seeking to restrain Mr.
Aminu Tambuwal from further acting as Speaker of
the House of Representatives.
The applicant, a member of the House House of
Representatives, Mr. Abiodun Akinlade, had asked
the court to stop Tambuwal from parading himself
as the Speaker, pending the determination of the
suit challenging his continued stay in office.
However, Justice Ahmed Mohammed, rather than
grant the application asked the plaintiff to put
Tambuwal and other defendants in the suit on
notice.
The judge ruled that it would be “most unfair” to
grant a restraining order sought through an ex
parte application against Tambuwal who had
engaged lawyers to defend him in the suit.
The plaintiff is a member of the Peoples
Democratic Party representing Yewa South/Ipokia
Federal Constituency of Ogun State in the House of
Representatives.
In his substantive suit, he sought a “judicial
interpretation” of an earlier judgment delivered by
Justice Evoh Chukwu of the same Federal High Court
in Abuja, where the court held that there was no
division in the PDP.
The aim of the fresh suit is to justify the PDP’s
stance that the defection of Tambuwal from the
PDP to the APC on October 28 was “illegal” and in
breach of Section 68(1)(g) of the 1999 Constitution
(as amended).
The plaintiff joined Tambuwal, the House of
Representatives and the Independent National
Electoral Commission.
Akinlade’s suit was initially assigned to Justice Evoh
Chukwu.
But the judge on December 2, 2014,withdrew from
the suit numbered, FHC/ABJ/9S/871/2014, following
a petition written by Tambuwal asking the Chief
Judge of the Federal High Court, Justice Ibrahim
Auta, to re-assign the case to another judge.
Tambuwal had expressed fear that Justice Chukwu
was likely to be biased against him (Tambuwal) in
view of the judge’s previous pronouncement in a
related case
an ex-parte application seeking to restrain Mr.
Aminu Tambuwal from further acting as Speaker of
the House of Representatives.
The applicant, a member of the House House of
Representatives, Mr. Abiodun Akinlade, had asked
the court to stop Tambuwal from parading himself
as the Speaker, pending the determination of the
suit challenging his continued stay in office.
However, Justice Ahmed Mohammed, rather than
grant the application asked the plaintiff to put
Tambuwal and other defendants in the suit on
notice.
The judge ruled that it would be “most unfair” to
grant a restraining order sought through an ex
parte application against Tambuwal who had
engaged lawyers to defend him in the suit.
The plaintiff is a member of the Peoples
Democratic Party representing Yewa South/Ipokia
Federal Constituency of Ogun State in the House of
Representatives.
In his substantive suit, he sought a “judicial
interpretation” of an earlier judgment delivered by
Justice Evoh Chukwu of the same Federal High Court
in Abuja, where the court held that there was no
division in the PDP.
The aim of the fresh suit is to justify the PDP’s
stance that the defection of Tambuwal from the
PDP to the APC on October 28 was “illegal” and in
breach of Section 68(1)(g) of the 1999 Constitution
(as amended).
The plaintiff joined Tambuwal, the House of
Representatives and the Independent National
Electoral Commission.
Akinlade’s suit was initially assigned to Justice Evoh
Chukwu.
But the judge on December 2, 2014,withdrew from
the suit numbered, FHC/ABJ/9S/871/2014, following
a petition written by Tambuwal asking the Chief
Judge of the Federal High Court, Justice Ibrahim
Auta, to re-assign the case to another judge.
Tambuwal had expressed fear that Justice Chukwu
was likely to be biased against him (Tambuwal) in
view of the judge’s previous pronouncement in a
related case
