Defection: Court asks APC lawmakers to resign

A Federal High Court in Abuja, yesterday, asked all members of the House of Representatives, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) to vacate their seats. It ruled that in line with the 1999 Constitution, they no longer have the legal right to contribute to or vote on any motion in the House.

Delivering judgment in a suit brought against the lawmakers by the PDP, the court further issued an order of perpetual injunction restraining the defected legislators from taking steps, actions or doing anything to effect any change in the leadership of principal officers of the House.

Specifically, presiding Justice Ademola Adeniyi held that the affected legislators cannot “validly function as members of the 1st defendant (House of Representatives), contribute to or vote on any motion and or debate in the proceedings of the 1st defendant with a view to removing or sanctioning 2nd to 10th defendants or any of the Principal Officers of the 1st defendant.’

Justice Adeniyi noted that a High Court had in a previous judgment delivered on October 8, 2013, held that there was no division in the PDP to warrant the lawmakers defecting to the APC.

“The 12th to 53rd defendants were sponsored by the PDP and in accordance with provision of Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the period of their election is yet to expire.

“Therefore, it is the court’s opinion that there is no division in PDP in line with Justice Elvon Chukwu’s ruling”.

The court also maintained that eight months had elapsed since that ruling was delivered, even as it observed that till date, no appeal was lodged by those alleging that there were factions in the PDP.

“The 12th to 53rd defendants ought to resign their seats honourably since they have left the party upon which their constituencies gave them mandate to represent them in the National Assembly.  They have no business morally and legally staying in the House of Representatives”, Justice Ademola held.

Besides, the court declared that the 12th to 53rd APC lawmakers, “are not competent to sponsor, contribute or vote on any motion calling for the removal or change in the leadership of the House of Representatives or the removal of any of the Principal Officers of the 1st defendant”.

Source: Vanguard