The Peoples Democratic Party, PDP, Monday, asked a Federal High Court in Abuja to compel Speaker, House of Representatives Aminu Tambuwal, to declare his incumbent seat, on which he represents Kebbe/Tambuwal Federal Constituency, vacant. The suit also seek to compel Deputy Speaker Emeka Ihedioha to execute the action, if Tambuwal fails to do so.
The PDP said Tambuwal’s defection from the party that sponsored him into the House contravened Section 68(1)(g) of the Constitution, while the preceding Section 68(2) compels him to declare his seat vacant.
PDP counsel, Mike Ahamba, a senior advocate, argued that section 68(1) (g) was not “self-implementing,” thereby seeking a leave of the court to institute the case. Justice Ahmed Mohammed directed the plaintiff (PDP) to serve the court order and the motion on notice on the respondents (Tambuwal and Ihedioha), while hearing comes up on 3 December.
In spite of this, the embattled speaker has alleged possibility of bias against Justice E.S.J. Chukwu of Court 8, in his petition to the Chief Judge of the Federal High Court.
Tambuwal is bothered that he might be disfavoured in a case, filed by a member of the House, Abidun Akinlade, seeking judicial interpretation of an earlier judgement by the same judge (Chukwu). The case bothered on the propriety of 37 defectors to the APC on the pretext of a division in the Peoples Democratic Party, PDP, to which Chukwu ruled it was “illegal.” Tambuwal said Chukwu’s ruling has attracted similar judgments, which used the former as its authority. Asking Chukwu to adjudicate on Akinlade’s suit, Tambuwal said, is to ask him to “sit on appeal over his own judgment.”
Tambuwal wants the Chief Judge to protect him by re-assigning the case to another judge.