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Defection: Attorney General Sues Tambuwal Over Continuos Recognition Of APC Lawmakers



In an effort to get the Speaker of the House of Representative, Hon. Aminu Tambuwal to give effect to the Judgment of Ademola J in suit number FHC/ABJ/CS/4/14 which essentially robbed some members of the House of Representatives who defected from the PDP to the APC of the legal propriety of remaining in the House of Representatives, the Attorney General of the Federation (AGF) has approached the Federal High Court, Abuja for declaratory and Injunctive reliefs.
In a suit which was filed on April 22, 2014, Counsel to the AGF, Ade Okeaya-Inneh, SAN, Dr. Fabian Ajogwu, SAN and Solomon Umoh SAN, are praying the Court for amongst other reliefs a declaration that in the light of the combined effects of Sections 68(1) (g), 68(2), and 49 of the 1999 Constitution (as amended) and the decision of the Supreme Court in the case of Oloyo v Alegbe (1983) SCNLR 35 as well as the decision of the Federal High Court per Ademola J in Suit No: FHC/ABJ/CS/4/14 (in the absence of any order of Court to the contrary), the House of Representatives is not properly constituted and/or lawfully composed as envisaged by section 49 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and that the House cannot continue to lawfully exercise its general legislative powers and functions under section 4 of the constitution (as distinct from proceedings).

The Suit is also praying the Court to declare that the Defendants cannot lawfully count the votes or presence of the persons affected by the said decision of the Federal High Court, for purposes of determining if a bill is carried or not, and for purposes of quorum of the 2nd Defendant or its Committees (under section 62 (2) of the Constitution) respectively. The Plaintiff further prays the Court for an order of perpetual injunction restraining the Speaker of the House of Representatives from further permitting the persons affected who defected by the decision of the Federal High Court from the PDP to APC from further participation in all the activities of the House of Representatives.

The Defendants in the suits are the House of Representatives and the Speaker of the House of Representatives. You will recall that by a judgment of Ademola J delivered on March 31, 2014, the Court declared that the defected lawmakers had no business in the House of Representatives and should therefore resign their seats.

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