by ‘Jola Sotubo
The 37 members of the House of Representatives who were yesterday ordered by a court to vacate their seats have said that they will appeal the decision.
The legislators position in the House came under question after they left the ruling Peoples Democratic Party (PDP) for the All Progressives Congress (APC).
A Federal High Court in Abuja decided yesterday that the 37 lawmakers had forfeited their seats as a result of their defection from the party in which they were elected.
Leadership reports:
Justice Adeniyi Ademola, who said this in his judgement in a case filed by the PDP to halt the lawmakers from effecting a change in the leadership of the House of Representatives, also stopped them from changing their principal officers.
He said the defected lawmakers ought to have resigned honourably and left the House. But the APC caucus in the House has stated that it will appeal the verdict, describing the verdict as a strange judgement that turned the law on its head.
Leader of the caucus and minority leader of the House, Hon Femi Gbajabiamila said this yesterday while reacting to the judgement.
Gbajabiamila said “The judgement is strange and will be appealed. The judge went outside the case that was brought before him as , Section 68 was never argued in court by any of the parties. The judge gave an opinion he was never asked to give and an argument that was never canvassed before him.”
The court further held that in view of the provision of Section 68(1)(g) of the 1999 Constitution, the 12th to 53rd defendants cannot effect changes in the leadership of the House.
He also held that the 12th to 53rd defendants cannot vote to remove the leadership of the house and also cannot sponsor a motion to that effect.
“In view of of the provision of Section 68 (1)(g) of the 1999 Constitution, the 12th to 53rd defendants cannot effect leadership change in the House. The 12th to 53rd defendants cannot lawfully vote to remove the leadership of the House. The cannot also sponsor motion to that effect.
“An order of perpetual injunction restraining the 12th to 53rd defendants from effecting leadership change is hereby granted”.
