Peoples Democratic Party (PDP) yesterday asked a Federal High Court in Abuja to declare the seat of Speaker of House of Representatives, Aminu Tambuwal vacant.
The party asked the presiding judge, Justice Ahmed Mohammed, for an order compelling the Deputy Speaker of the House of Representatives, Chief Emeka Ihedioha, to declare vacant, the seat of Speaker of the House, Aminu Tambuwal.
It would be recalled that Tambuwal defected from the ruling PDP to the All Progressives Congress (APC), which necessitated the suit.
This relief was contained in an ex parte motion filed yesterday by the PDP and brought pursuant to Order 34 Rule 3 of Federal High Court (Civil Procedure) Rules 2009 by the PDP, yesterday.
Respondents in the suit include: Speaker, House of Representatives (1st respondent), Alhaji Aminu Tambuwal (2nd respondent) and the Deputy Speaker, House of Representatives as the 3rd respondent.
The PDP argued that “Under Section 68(2) of the Constitution of the Federal Republic of Nigeria 1999 Constitution (as amended), the first respondent (Speaker) has a mandatory duty to bring into effect the provisions of Section 68(1)(g) of the Federal Republic of Nigeria 1999 Constitution (as amended) where the relevant facts come to, or were within the knowledge of first respondent.
The party insisted that “the second respondent is aware that he has left the applicant (PDP) and joined the APC by his open declaration on the floor of the House of Representatives on October 28, 2014.
Chief Mike Ahamba, who brought the ex parte application on behalf of the PDP, however, secured leave of court to apply by way of judicial review for an order of court.
Having granted leave, the court then asked the PDP to serve on the speaker and the other respondents hearing notices and the substantive originating processes, through the Clerk of the House of Representatives.
Subsequently, the matter has been adjourned to December 12, for hearing.