Tambuwal: NBA, Ozekhome condemn police on security withdrawal

Last Friday, Hon. Aminu Waziri Tambuwal, Speaker of the House of Representatives, with a retinue of members of the House and party supporters, stormed the Federal High Court Headquarters, Abuja to institute a suit challenging the constitutionality of the Nigeria Police’s withdrawal of his security details following Tambuwal’s defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). In this report, AMEH EJEKWONYILO pieces together the barrage of criticisms that have trailed the police action which a Senior Advocate of Nigeria, Chief Mike Ozekhome describes as an “ill wind that blows no good.”

NBA’s reaction
In a terse statement issued to journalists over the week, the umbrella body of lawyers in the country, Nigerian Bar Association (NBA) condemned the stripping of security details attached to the Speaker.
The statement issued by the association’s President, Mr. Augustine Alegeh (SAN) read: “The Nigeria Bar Association condemns strongly the stripping of the Speaker of the House of Representatives, the Rt. Honourable Aminu Tambuwal of his Police escort and Security detail by the Inspector General of Police on the ground of an alleged violation of section 68 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 [as amended] by Rt. Honourable Aminu Tambuwal.”
The statement further explained that the Nigeria Police Force was not a court of law and lacked the competence to determine whether or not a provision of the constitution had been violated by  Tambuwal, adding that that  function was reserved for the courts of law exclusively.
“The Nigerian Bar Association outrightly condemns this action as it is a breach of the constitutional duty of the Police to provide Police escort and security details to the Honourable Speaker of the House of Representatives of the Federal Republic of Nigeria.
“Aminu Tambuwal still remains the Speaker of the House of Representatives and he is entitled to the full paraphernalia of his office including all his Police escort and security detail.
“We must state that the mere fact that Rt. Honourable Aminu Tambuwal defected from one party to the other whilst being the Speaker of the House of Representatives, does not automatically strip him of his position as Speaker of the House and the attendant protection by the Police.”
It equally explained that the Speaker of the House of Representatives was not elected by any one political party, but by a majority of members of the House of Representatives.
The Bar called on the Inspector General of Police to restore the Police escort and security details of the Speaker immediately as this action “portends a grave danger to our democracy.  Our democracy must remain firmly rooted on respect for due process and rule of Law”, the NBA declared.

Ozekhome’s reaction
In a related development, a constitutional lawyer and human rights activist, Chief Mike Ozekhome (SAN) lent his voice to the raging debate over the development.
In a strongly worded statement titled: The purported withdrawal of police security attached to Aminu Waziri Tambuwal: ‘An ill wind that blows no good’, which he issued to judiciary correspondents in Abuja last Thursday, Chief Ozekhome said: “Section 68 (1) (g) of the 1999 Constitution as altered, merely prohibits carpet crossing or defection from the original sponsoring political party to another”, adding that where that happens, “a member of the Senate or House of Representatives is to vacate his seat.”
He however, noted: “Though the Speaker, Tambuwal has decamped from PDP to APC, he has not yet been pronounced upon as having lost his seat in the House.”
The learned silk urged the federal government to rise above the level of “petty politics and do the right thing by not desecrating our institutions and the quintessence of our democratic culture through actions that call to question the institutions of the Nigeria Police and the National Assembly.”
He maintained that Tambuwal remained the speaker of the House: “He has not been impeached. He remains the number four (4) person in Nigeria.
“He therefore deserves full complement of security, not because of his person as an ordinary Nigerian, but as the Speaker of the lower House, the 4th person in order of protocol”, Ozekhome declared.
The human rights lawyer urged the police to immediately restore Tambuwal’s security aides: “The Police should immediately restore his security aids without much ado.”

Tambuwal takes battle to court
As a result of the aforementioned development, Tambuwal last Friday sued the PDP and the Inspector General of Police Mr. Suleiman Abba over impeachment threat and withdrawal of his security details.
In the suit filed before the Abuja Federal High Court over alleged attempt to declare his seat vacant and the withdrawal of his security aides, Tambuwal’s counsel, Mr Jubrin Okutepa (SAN) who filed the suit, joined the All Progressives Party (APC) as co-plaintiff and the People’s Democratic Party (PDP) as a defendant.
Also joined as co-defendants are PDP National Chairman, Alhaji Adamu Muazu, acting Inspector-General of Police, I-G, Mr Suleiman Abba, and Reps Deputy Speaker, Emeka Ihedioha.
Other co-defendants are the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation (AGF), Mr Mohammed Adoke (SAN).
The Speaker’s suit which was filed in the court registry, a copy of which was made available to the Blueprint, has yet to be assigned to a judge.
The Speaker is praying the court to declare that PDP’s attempt to declare his seat vacant is “unlawful and unconstitutional.”
He further urged the court to declare that he remained a Reps member and Speaker until the expiration of his tenure on June 5, 2015.
Tambuwal also prayed the court to declare that the I-G’s withdrawal of his security details when he had not been removed from office as speaker was illegal and unconstitutional.
He, therefore, prayed for an order of perpetual injunction restraining the defendants from taking any steps to interfere or infringe on his rights and privileges as Reps Speaker.
He also prayed the court to grant an order of perpetual injunction restraining INEC from organising any bye-election or accepting nominations for the purpose of replacing him.
Tambuwal urged the court to also grant an order of mandatory injunction compelling the I-G and AGF to restore his security details and all his office rights, benefits and privileges.