An Abuja Federal High Court on Wednesday fixed Feb 18 to hear a suit
filed by members of the National Assembly to forestall plans by the Peoples
Democratic Party to declare their seats vacant as a result of their defection
to the All Progressives Congress.
The PDP and its National Chairman,
the Senate President, David Mark, the Speaker of the House of Representatives,
Aminu Tambuwal, and the Independent National Electoral Commissioners are the
defendants in the suit.Justice Ahmed Mohammed fixed the date after counsel to the Speaker, Mr. Alex Marama, who was absent from earlier proceedings, applied for time to file relevant processes.
Counsel to other parties had, during the last sitting on Jan 22, expressed disaffection at difficulties they encountered in serving processes on the Speaker, who was suspected to be uninterested in the matter.
The challenges faced by the other parties in attempts to serve the Speaker was blamed for delays in the suit, a development which prompted the judge to order that all processes meant for service on Tambuwal should be submitted to the court bailiff.
However, the Speaker’s counsel, Marama, was in court at the resumption of proceedings in the suit on Wednesday to explain that his absence from previous sittings was informed by issues arising from representation, which he said have been resolved.
He then asked for an adjournment to enable him file all outstanding processes.
Justice Mohammed granted the request and adjourned the suit to Feb 18 for hearing.
In the suit, the plaintiffs, including some Senators and the members of the House of Representatives that defected from PDP to APC, had asked the court to restrain the Senate President and the Speaker of the House of Representatives from conducting any proceedings aimed at declaring their seats, and that of any other member of the PDP who intend to join another political party, vacant.
They equally asked the court to restrain INEC from accepting the nomination of any candidate, and conducting bye-elections, towards filing their seats.
The lawmakers argued that they approached the court to protect their rights as members of the National Assembly following threats by the PDP to declare their seats vacant.
The court had on Dec 17, 2013, ordered all the parties involved in the suit to maintain status quo, pending the determination of the matter.
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