There
was confusion in the leadership of the Peoples Democratic Party on
Thursday as it made two conflicting demands from both the House of
Representatives Speaker, Aminu Tambuwal , and the Federal High Court,
Abuja on the defection of 37 of its members to the All Progressives
Congress.
While the PDP released a statement in
which it requested Tambuwal to declare the defectors’ seats in the
House vacant, in the court, it asked for an order compelling them
to return to its fold.
In the statement by its National
Publicity Secretary, Olisa Metuh, the party argued that since the 37
lawmakers had renounced their membership, the Presiding Officers of
the House must declare their seats vacant without any further delay.
The PDP said that a court order which
the 37 lawmakers referred to while announcing their defection on
Wednesday was wrongly interpreted.
Metuh’s statement reads, “The
attention of the PDP has been drawn to claims by 37 defecting members of
the House elected on the platform of the PDP to the APC that they
obtained an injunction restraining the leadership of the National
Assembly and the party from declaring their seats vacant in line with
provisions of the 1999 Constitution.
“We have, after a careful review,
discovered that this claim is false. For the avoidance of doubt, the
order of the court clearly says that ‘status quo’ be maintained which
means the affected members shall remain members of the PDP.
“The constitution of the Federal
Republic of Nigeria in section 68 (i) (g) clearly spells out the
consequences of defection when there is no division in any Party. We
wish to re-emphasise here that the courts have pronounced, and INEC has
concurred, that there are no factions in the PDP.”
Metuh said this shall be in adherence to
our grund norm, which is the Constitution of the Federal Republic of
Nigeria 1999 (as amended).
But at the FHC, Abuja, the PDP asked that the 37 lawmakers ‘ defection should be declared “null and void.”
It warned that their defection could
lead to a breakdown of law and order in the National Assembly and the
entire polity if not reversed.
In the suit filed by its counsel,
Joe-Kyari Gadzama (SAN), on Thursday, the PDP maintained that the
defection contravened the order made by the Abuja FHC on December 17,
2013, when counsel to the 37 lawmakers tried to move a motion for
interlocutory injunction, seeking to stop a plan to declare their seats
vacant.
According to the PDP, the FHC had on
December 17 ordered the 37 lawmakers to revert to the status quo,
pending the hearing and determination of the motion for interlocutory
injunction.
The party therefore wants “an order
from the court declaring the defection, on December 18, 2013, by 37 of
the plaintiffs from the PDP to the APC as null and void and contrary
to the order made on Tuesday, December 17, 2013.”
The PDP also asked for “a mandatory
order that the 37 legislators revert to the status quo pending the
hearing of the plaintiffs’ motion on notice for interlocutory
injunction.”
As an alternative to the mandatory
order directing the lawmakers to revert to the status quo, the PDP
asked for “an order setting aside the earlier order on parties to
maintain the status quo pending the hearing of the motion for
interlocutory injunction.”
In an affidavit in support of the
motion, which was deposed to by one Tajudeen Ayeni, the ruling party
averred that the subject matter of the suit bordered on the alleged
“intention” by the plaintiffs to defect to the APC.
It added, “The plaintiffs were worried
that the defendants would declare their seats vacant in the House of
Representatives on account of their proposed defection and so instructed
their counsel to file a motion for interlocutory injunction before this
court.
“When this matter came up for hearing on
December 17, 2013, counsel for the plaintiffs sought to move a
motion for interlocutory injunction but this was resisted by the 1st and
4th defendants/applicants counsel. The honourable court then made an
order suo moto that status quo be maintained.”
The PDP argued that in spite of the
order, the 37 legislators decamped to the APC . It stressed that the
defection was aimed at putting it(PDP) at a huge disadvantage ahead of
the next hearing date in the matter, which is January 22, 2014.
The party said, “It is necessary for
this honourable court to reverse the action of the 37 plaintiffs which
is clearly in disobedience of the order of this court.
“The action of the 37 plaintiffs, if not
reversed, is capable of dissipating the res in this matter and may also
lead to a breakdown of law and order in the National Assembly and
affect the entire polity.”
Gadzama had earlier in a letter
informed Tambuwal of the suit filed by the party in a bid to reverse
the defection of the 37 lawmakers.
In the leter, he said, “We have today
filed a motion on notice, which has already been served on your office,
seeking to overturn the purported movement of the 37 plaintiffs to the
APC.
“It is in the light of this that we
enjoin you to act in obedience to the order of court and direct the
plaintiffs to revert to the status quo ante bellum.
PUNCH NG
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