Seventy-nine members of the two chambers of the National Assembly who defected to the new Peoples Democratic Party, PDP, yesterday asked the Federal High Court sitting in Abuja to restrain the party National Chairman, Alhaji Bamanga Tukur, from declaring their seats vacant.
Tukur had, a few days after the defection, threatened to declare their seats vacant contrary to the provisions of the 1999 Constitution, as amended.
The issue had generated robust debate before the lawmakers asked the court to intervene.
Out of the 79 lawmakers, 22 are senators while the remaining 57 are members of the House of Representatives.
The suit was filed on their behalf by Tairu Adebayo.
The legislators named Tukur, the Senate President, the Speaker of the House of Representatives, PDP and the Independent National Electoral Commission, INEC, as 1st, 2nd, 3rd, 4th and 5th defendants, respectively.
They explained that the division within the party necessitated the holding of a parallel convention and that they were justified legally to defect.
In their originating summons filed at the registry of the court, the lawmakers asked the court to determine whether considering the circumstances in the national and various state chapters of the PDP, there existed a faction or division within the party; whether any of the plaintiffs or other members of the PDP holding elective seats who desires to become a member of another faction of the party or any other political party is not saved by the proviso to Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended; and whether in view of the proviso to Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the 1st defendant or any other officer of the 4th defendant or authority howsoever described can declare the seats of any of the plaintiffs or other members of the 4th defendant that opted to join another political party vacant in the present peculiar and precarious circumstance of the 4th defendant.
They also asked for the following declarations:
A declaration that the circumstances prevailing in the various state chapters of the party which led to factions/divisions as witnessed at the Special National Convention of the 4th defendant held on 31st August 2013 and holding of a parallel convention simultaneously at another venue, followed up with the opening of a parallel national head office and release of the names of new parallel national officers constitute and qualify as crisis and divisions anticipated under Section 68 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
A declaration that any of the plaintiffs or other members of the party who pursuant to the crisis that led to factions/divisions in the 4th defendant, joined or desires to join another political party is/are saved by the proviso to Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended without losing his/their elective seats.
A declaration that in view of the proviso to Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, whether the 1st defendant or any other officer of the 4th defendant or any person or authority whatsoever cannot declare vacant the seats of any of the plaintiffs or other members of the 4th defendant that joined or who may desire to become members of another political party in view of the present crisis that created factions/divisions in the 4th defendant.
An order restraining the 2nd and 3rd defendants from conducting any proceeding in their respective chambers aimed at declaring the seat(s) of any of the plaintiffs or other members of the 4th defendant who joined or intended to become members of another political party vacant in view of the present circumstance in the 4th defendant.
No comments:
Post a Comment