Tambuwal remains the Speaker of the House of Representatives – Court
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 bias against him (Tambuwal) in view of the judge's
previous pronouncement in a related case.
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