Defection: Tambuwal’s kinsmen win round one

Debra Ajulo

The Federal High Court sitting in Abuja yesterday stayed proceedings in the suit filed by the Speaker of the House of Representatives, Aminu Tambuwal challenging the removal of his security aides and also seeking to stop the Peoples Democratic Party from declaring his seat vacant.

The decision to stay the proceedings was sequel to an application bro‎ught by ‎members of Tambuwal's constituents, Kebbe/Tambuwal Federal Constituency of Sokoto State praying the court to stay proceedings in the suit.

Their applications for stay of proceedings were hinged on the grounds that they had filed notices of appeal against the ruling of the court which on December 1 disallowed them to be joined as co- defendants in the suit.

One of the two applications seeking to be joined as parties in the suit was jointly filed on behalf of the people of Kebbe/Tambuwal Federal Constituency  by Chairman of Kebbe Local Government Area, Bala Konkani, and Chairman of Tambuwal Local Government Area,  Sambo Modo. 

The other application was filed in the name of the constituent by three members of the Sokoto State House of Assembly, Abdussamad Dasuki, Suleiman Hantsi and Shuaibu Umar - representing Tambuwal East, Tambuwal West and Kebbe constituencies respectively. 

The constituents are opposed to Tambuwal’s removal as  Speaker and declaration of his seat vacant, arguing  that removing him would deprive them of representation in the House of Representatives.

In his short ruling, the trial judge, Justice Ahmed Ramat Mohammed held that  it was a settled law that once an appeal had been lodged at the Court of Appeal, the lower court ought to cease its jurisdiction on the matter.

"This court will have no option but to bow to the provisions of the Constitution. In view of the appeal against the ruling of this court delivered on December 1, 2014, and the motion for stay of proceedings, this matter is hereby adjourned sine-die to await the decision of the Court of Appeal on the appeal filed before it", the court held.

At the last adjourned date, counsel for the local government chairmen and that of the Sokoto State told the court that they had filed separate applications seeking leave to appeal against the court ruling based on mixed law and facts.

They added that they had filed  notices of appeal against the court's ruling in addition to applications for stay of proceedings.

The development had then stalled the proceedings which were scheduled for the hearing of Tambuwal's application seeking an order of court to jail the Inspector-General of Police, Suleiman Abba, for allegedly violating an order of the court.

Tambuwal had on November 27 filed an application, alleging that Abba's instruction to officers of the police force to deny him access into the premises of the National Assembly preventing him from carrying out his lawful duties on November 20, amounted to flouting the court's order.  

He added that Abba, in further disrespect of the order, on November 26, appeared before the House of Representatives Committee on Police Affairs and told the members that he would not recognize him (Tambuwal) as the Speaker.   

Tambuwal had earlier approached the court with a suit to stop the House of Reps from declaring his seat vacant on the account of his defection from the Peoples Democratic Party (PDP) to the All Progressive Congress (APC).