BEVERLY HILLS, November 03, (THEWILL) – A Federal High Court in Abuja presided over by Justice Ahmed Mohammed has ordered that the status-quo be maintained at the House of Representatives.
The judge also directed the ruling Peoples Democratic Party (PDP) and its National Chairman, Dr. Adamu Muazu, as well as other parties not to reconvene the House before Friday, November 7th, when he ordered them to appear before the court to show cause why the reliefs sought by House Speaker, Aminu Tambuwal and the All Progressive Congress (APC) should not be granted.
Specifically ordering that the status quo be maintained in the matter pending the determination of the substantive suit earlier filed by Tambuwal, Justice Mohammed orders followed a motion ex-parte argued by Tambuwal’s lawyer, Mr. Sunday Ameh, SAN.
The court noted that the order was to preserve the subject matter of the suit which bordered on the Speaker’s position following his defection to the APC.
Ameh had urged the court to protect the subject matter of the suit which they filed last Friday challenging the plots by the PDP to remove him as the speaker of the House and declare his seat vacant.
He argued that granting the orders would help preserve the position of Tambuwal as the Speaker of the House of Representatives and his membership of the House.
Ameh further informed the court that the PDP had summoned its members at the House of Representatives alongside the Deputy Speaker, Hon Emeka Ihedioha, for the purpose of re-convening of the House in order to discuss Tambuwal’s sack as the Speaker and member of the House.
Pointing out that Order 5 Rules 18(1)(2) and (3) of the House Standing Rules empowers the Speaker to reconvene the House by directing the Clerk of the House of Reps to notify members, Ameh argued that it was unlawful, unconstitutional, null and void for the PDP to move to reconvene the House without the consent of the Speaker.
After ordering that the House should not be reconvened, Justice Mohammed adjourned further hearing in the matter till Friday when the defendants are expected to appear and explain why all the reliefs Tambuwal and APC are seeking should not be granted.
The embattled Speaker had filed another suit praying the court for an interim injunction to restrain the PDP and the House from discussing his sack from office as speaker pending the hearing and determination of his motion for interlocutory injunction.
In the suit filed alongside APC, Tambuwal listed the PDP , its chairman, Adamu Muazu, the House of Representatives, the Deputy Speaker, the Inspector General of Police, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation as the 1st-7th Defendants.
Tambuwal is also seeking an order of interim injunction to stop INEC from accepting any nomination of candidates or conducting a bye election for the purpose of replacing him pending the hearing and determination of his motion for interlocutory injunction.
The Speaker is also asking for an order of interim injunction restraining the defendants from taking any steps to interfere with his rights and privileges as Speaker and member of the House.
In the suit, Tambuwal is also seeking other reliefs among which are: An interim order of mandatory injunction directing the Inspector General of Police, and the Attorney General of the Federation to restore to him his security details and all other rights, benefits and privileges entitled to him as speaker and member of the House.
An order of interim injunction restraining the defendants from taking any steps to remove him from office as Speaker and member of House of Representatives or taking steps to diminish his rights and privileges as speaker and member of the House.
Tambuwal said, in an affidavit of urgency attached to the application, that the defendants plan to remove him as speaker despite the fact that his originating summons was pending before the court.
He also alleged that the PDP and its chairman had threatened to ensure that his seat as member and speaker in the House is declared vacant to allow INEC organise a bye election to fill the seat.
The Speaker also alleged that he had been receiving threats from the defendants that they would cause the House to sack him from office as speaker and member
