Monday, 31 March 2014
APC to challenge Court ruling asking decampee members to vacate House of Reps
The APC leader in the House says the court ruling turned law on its head
The All Progressives Congress, APC, will appeal a court ruling asking its decampee new members to quit the House of Representatives, and not to effect any leadership change in the lower house of parliament, the party’s House leader, Femi Gbajabiamila, said Monday.
Mr. Gbajabiamila said the court’s decision Monday was “a strange judgement that turned law on its head”.
He said the decision of the court will be appealed at a higher court.
“The judgement is strange and will be appealed. No person can be compelled by law to stay in an association against his or her wishes,” Mr. Gbajabiamila, who is the House of Reps Minority Leader, said.
His reaction followed an order of perpetual injunction given by a Federal High Court in Abuja restraining the lawmakers who defected from the Peoples Democratic Party, PDP, to the APC from effecting any leadership change in the House of Representatives.
Justice Adeniyi Ademola who delivered judgement said the lawmakers no longer had any business, morally and legally, to stay in the House of Representatives.
He said they should honourably resign from their seats as members, having moved to another political party while their tenure had yet to expire.
“Having perused the arguments of counsel and the constitutional provisions, it is clear and unambiguous that the defendants were sponsored by the PDP and won the election on its platform. It is also the court’s opinion that their tenure has not expired and there is no division in the PDP.
“The defendants are, therefore, not competent to vote or contribute to any proceedings in the House of Representatives. An order of perpetual injunction is, hereby, ordered, restraining them from altering or attempting to change the leadership of the House of Reps,” Mr. Ademola said.
The PDP had on January 7 instituted a suit seeking to restrain the House of Representatives from altering the composition of its leadership.
The party commenced the action following the defection of 37 lawmakers, who won election on its platform, to the opposition APC. The defection initially gave the APC a slim majority which was reversed as some APC lawmakers later decamped to the PDP.
Mr. Gbajabiamila said the judgment of the court was an affront to the right of association of the lawmakers.
“It negates a fundamental right of association of every citizen that is inalienable. Section 68 of the constitution has been turned on its head and the error of the court is manifest,” he said in a statement.
He said the judge gave an opinion he was never asked to give and an argument that was never canvassed before him.
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