by Godwin Akanfe
In a swift response to the suit filed by Aminu Tambuwal, the Federal Government has on Wednesday, November 5 2014 filed a Counter Affidavit and Written Address.
In the written arguments filed by FG’s legal team, Dr Fabian Ajogwu SAN and Mr Ade Okeaya-Inneh SAN on Wednesday, November 5, 2014, the Federal Government is asking the Court to first determine the status of Tambuwal who voluntarily vacated his membership seat of the House of Representatives. They are asking the Court to determine if indeed Tambuwal was still a member of the House and if vacated his membership seat, he could still be talking of being the Speaker. They also argue that this is a case that should be determined on its merits and not by interlocutory injunction on reliefs that are essentially the substance of the case.
Citing Section 215 (5) of the 1999 Constitution as amended, the Federal Government through its Counsel asked the Court to turn down Tambuwal’s prayer for a mandatory injunction on the IGP to restore Tambuwal’s security detail as the Courts constitutionally lack the powers to do so. It is also the Federal Government’s contention that the issue of security details is neither a constitutional nor statutory right but a mere privilege, at the discretion of the IGP.
On Tambuwal’s prayer for an Order restraining the House of Representatives from removing him, Learned Counsel to the Federal Government argued that such a relief was not grantable as an Injunction cannot be sought and granted for a completed act. Citing the Supreme Court in Alegbe V. Oloyo, the FG contends that by defecting from the PDP to the APC, Tambuwal had already automatically vacated his seat and therefore, there was no need for anyone to do anything more as there was nothing to impeach or remove. They urge the Court to determine the matter on the merits since Tambuwal’s transformation from a Speaker to a non-member of the House had become the main issue to be determined by the Court.
The Court had adjourned the matter to Friday, November 7, 2014 after declining Tambuwal’s application for exparte injunction but ordering that the status quo be maintained at least until Friday Nov 7.
please what was done to ondo governor who cross to pdp
Let the APC help me na,their is one thing about APC their the one killing this Nigeria
I am not a politician but i wonder why Mr Speaker do not know the removal of his aids is good for his life they are spies
nigeria law was copy 4rm other nation but we are nt their to wrk wit it. Is beta we take Allah’s law into cosidration.
Vacate his seat on what ground? Cant u see where PDP is leadin us to; unemployement the most key issue is not been addressed ever since, this small but mighty can set nation ablaze. Look ats what’s happening everyhour in 4corners of naija(ritual killing; kidnaping; robbury; assersnatn&felony) whose sponsor is poverty; good govt is our hope: forget about politics;tribalism;religions difrnces;take usa for instance obama is from kenya an afrcan cntry without any sound religion but what a dedicated man;
one by one they will be exposing themselves for thier selfish interests that is of no benefit to our great nation NIGERIA.why will you be helped by one group then give the reward to another group.just vacate that seat gently and honorably.if conny man die,na who go bury am?
F G MOVES IS A WELLCOME DEVELOPMENT HE IS NOLONGER A MEMBER OF THE HOUSE. UNDER WHICH PARTY ? LATE HIM GO AND SEAT DOWN AND RECONTESTE UNDER HIS NEW PARTY APC IF WANTS TO BETHERE.
Victor ur name na mumu, confirm mugun, those APC that decamp to DPD in senate ar no longer senator abi? U r a big full. Mimiko that move from labour part to pdp, why didn’t u stop him from been governor. Pple like u need to be slap seriously.