We won’t vacate our seats – Defected Reps
Vanguard on April 02, 2014
ABUJA — THE 37 Peoples Democratic Party (PDP) members of the House of Representatives, who defected to the All Progressives Congress, APC, yesterday, appealed Justice Adeniyi Ademola’s ruling that they illegally left the PDP for the APC and, therefore, should resign.
Describing the ruling as a miscarriage of justice, the lawmakers vowed not to vacate their seats because there is no court judgment in the House of Representatives directing them to do so.
In the appeal papers filed on their behalf by M. A. Mahmud, SAN & Co, which have been sent to Speaker Aminu Tambuwal, the applicants said the trial judge erred in law when he dismissed the appellants’ preliminary objection on grounds that the suit was not competent.
They listed particulars of error to include:
•The judge did not advert his mind to provisions of Section 4 of the Nigerian Constitution; failed to reckon his mind with the provisions of Section 60 and failed to follow the decisions in the cases of Attorney General of the Federation and 22 others.
They also contended that the judge erred when he refused to hold that the first respondent does not have the locus standi to institute the suit, when he granted the reliefs of the first respondent and went further to hold that the 1st -39th respondents ought to have resigned their seats.
•That the first respondent’s suit was predicated upon speculations and that the reliefs sought were not justifiable, unknown to law and do not disclose any cause of action against the appellants.
In all, the defected members mentioned seven particulars of error and sought an order setting aside the decision of the Federal High Court as well as an order allowing the appeal.
APC urges CJN to sanction Justice Ademola
This came as the APC called on the Chief Justice of Nigeria (CJN) to sanction Justice Ademola for engaging in mischief that could bring the bench into disrepute.
Minority Whip of the House, Rep. Samson Osagie, APC, Edo State, while briefing journalists on the judgment in a statement entitled: “At last, our fears have been confirmed” said: “Our fears were further confirmed when the judge, after granting the reliefs sought in the suit, went ahead to render an opinion on issues that were not before him nor solicited by the plaintiffs.
“Yesterday, Monday, a Federal High Court presided over by Justice Adeniyi Ademola handed down a ruling in which he restrained 37 APC members, who joined our great party on December 18, 2013, from effecting the change of leadership in the House of Representatives, thereby granting the prayers of the plaintiffs — the PDP — in the suit.
“For us in the APC, we were not surprised because in the course of the proceedings the same judge had earlier issued a preservative order as soon as the arguments against his jurisdiction in the case were taken. This was our first apprehension at the commencement of the case.”
Osagie explained that “consequently, a section of the media and indeed the public have been misled by the court ruling into believing that the said judgment has effectively terminated the tenure of office of the affected members. This is not only untrue but also a mere obiter dicta expressed by a judge, who veered off the course of the case before him in order to do the bidding of the ruling party.
We won’t vacate our seats
“At best, the judgment has turned law on its head and cannot stand. Our colleagues have taken steps to appeal the judgment and we are confident that justice will prevail. In the meantime, we want to assure members of the public that there is no court judgment before the House directing any member of the APC to vacate his or her seat.
“In any event, Section 68 (2) of the 1999 Constitution makes it clear that satisfactory evidence must be presented to the House before any of the provisions of S.68 (1) can become applicable.
“At the moment, the APC in the House remains strong and focused on the need to provide necessary checks and balances to the rudderlessness of the ship of state as being piloted by the ruling party in this country today.
“Nigerians, we know, cannot succumb to the shenanigans of the ruling party that has plundered this nation for 15 years. The House of Representatives remains the bastion of hope of the traumatized and pauperized Nigerians and we shall not give in to the attempt by some of our PDP colleagues in collusion with a certain judge to turn facts and law on its head to achieve some sinister ends.
“Finally for the avoidance of doubt, let me state unequivocally on behalf of our members that the import of yesterday (Monday) ruling was that our 37 members cannot participate in the removal of Principal Officers of the House. Nothing more, nothing less.
“Every other pronouncements by the judge as to the status of our 37 members of the House were mere opinion. In any event, this judgment was given in vain and in ignorance of the House rules which governs the appointment of party leaders in the parliament. It is also an attempt by the court to meddle into the internal affairs of the parliament.
“This certainly is not the import of the doctrine of judicial review. As we speak, our colleagues have appealed the vexatious ruling and we hope to get justice soon. We believe the House of Representatives will take due notice of the appeal in this case.”
Judge not competent to issue such ruling — APC
Calling for sanctions against Justice Ademola, the APC, in a statement by its Interim National Publicity Secretary, Alhaji Lai Mohammed, said Justice Ademola cannot order the 37 members of the House of Representatives, who defected to the APC, to vacate their seats because he is not competent to issue such a ruling, as the issue of whether or not they can defect was not before him.
He stated that the party would appeal the ruling because Justice Ademola’s perpetual injunction restraining the concerned lawmakers from participating in motions and debates in the House is unconstitutional and defeats the very purpose for which the members were elected into the House.
APC said Justice Ademola’s unsolicited comments were clearly gregarious, unnecessary, superfluous and have no foundation in law or fact, hence should be ignored.
It asked the Chief Justice of Nigeria to act urgently to sanction Justice Ademola for engaging in mischief that could bring the bench into disrepute.
He said: “If this case had been issued a day later than Monday, we would have said the judge was caught in the web of April Fool! Alas, he indeed made the ruling on Monday, hence the need for us to take it very seriously for several reasons.
“Firstly, the question whether the House of Representatives members should vacate their seats was not a question before Justice Ademola for determination. The only question for him to determine was whether the APC members, with their numerical strength at that time, had the right to change the House leadership such as the Majority Leader, Chief Whip and their deputies. So Justice Ademola had no business commenting on seats being vacated.
“Secondly, it is highly unprofessional and unethical for one judge to delve into a matter that is subjudice in another court. A judge should not make comments on matters being litigated in another court. The question of seats being vacated or otherwise is being heard by Justice Ahmed Mohammed in the Federal High Court in Abuja who, on March 29, 2014, said the issue was still live before him and is not ripe for judgment.’’
Plot to bomb NNPC depot: 4 suicide bombers killed
Nigerian Tribune on 02 April, 2014
FOUR terrorists suspected to be suicide bombers, apparently heading for an NNPC facility along Maiduguri-Damboa road were killed when their Improvised Explosive Device (IED)-laden vehicles exploded on Tuesday.
Director, Defence Information, Major General Chris Olukolade, who disclosed this yesterday while briefing on the update on counter terrorism campaign, said that the explosions took place at Mule on the outskirts of Maiduguri.
According to him, three of the four explosive-laden vehicles were demobilized by shots fired at them by soldiers at the check point shortly before the explosions that rocked the area.
The defence spokesman, however, announced that five soldiers were wounded while the civilian casualties are yet to be determined.
288 rifles, 35 rockets seized from terrorists in Cameroon
The resolve for collaborative efforts in fighting terrorism in the sub-region got a boost recently when the Cameroon security forces made a huge seizure of arms apparently meant for use by terrorists operating in Nigeria last weekend.
Director of Defence Information Major General Chris Olukolade in a statement in Abuja yesterday on the development on the war against terror said that over 288 rifles and 35 Rocket Propelled Guns as well as 35 locally made IEDs were recovered after a fierce encounter at Abugasse, Cameroon, close to the Chadian border.
He said that other weapons recovered included pistols, mortar bombs, sub-machine guns and various calibres of ammunitions following the arrest of two suspects believed to be major arms suppliers to the terrorists in Nigeria.
They were nabbed in Abugasse near the Chadian border with Cameroon, while, in their possession were over 50 Cameroonian passports as well as a Toyota Jeep.
General Olukolade recalled that the Cameroonian authorities recently pledged to back Nigeria’s counter terrorism efforts.
He said that the renewed offensive on terrorists by Nigerian troops had continued to record series of arrests of terrorists and recovery of arms especially close to the nation’s border with Cameroon.
According to him, apart from arms recovered following disclosure from captured terrorists lately, more arms have been captured in the ongoing offensive in different fronts.
The defence spokesman added that the arrest at a check point of a terrorist driving in a green Peugeot vehicle with registration Number Bauchi 264 AA heading to Maiduguri from Alagarno during the weekend, led to the recovery of 15 AK47 rifles and 12 magazines and various yet-to-be-assembled rifles.
He said the offensive on terrorists on various fronts was continuing. While the Alagarno area as well as various points of Sambisa forest and suburbs have been witnessing intense operations since Monday.
Apart from several dead terrorists, 14 vehicles which were either being used for operation or hidden by the terrorists in various parts of the forests and theatres have been destroyed.
The Director of Defence Information said that various calibres of weapons and ammunitions were also recovered in the course of fighting and subsequent cordon and search of the areas.
Furthermore, he added that intensive air and ground surveillance are also ongoing in the general area.
Nigerian military, Boko Haram kill over 1,500 people in 2014 – Amnesty International
At least 1500 people, more than half of whom are civilians, have been killed in the first three months of 2014 alone following an upsurge of the conflict in the northeast of Nigeria, Amnesty International (AI) has said.
In a report published on Monday, the global human rights organisation said many of those killed are victims of the terrorist group, Boko Haram and “uncontrolled reprisals” by the country’s security forces.
In the light of this revelation, AI is asking for independent investigations into what it said may constitute war crimes and crimes against humanity.
“More than 1,500 deaths in three months indicate an alarming deterioration in the situation. The international community cannot continue to look the other way in the face of extrajudicial executions, attacks on civilians and other crimes under international law being committed on a mass scale. Civilians are paying a heavy price as the cycle of violations and reprisals gather momentum,” said Research and Advocacy Director for Africa at Amnesty International, Netsanet Belay.
The organisation particularly mentioned the incident of March 14 when Boko Haram fighters attacked Giwa Barracks in Maiduguri to free their fighters imprisoned in the military facility. AI said the military “unleashed a brutal crackdown on former detainees as they tried to flee after being freed by the gunmen.”
House of Reps appeals judgment against defected lawmakers
The Punch on APRIL 2, 2014
Speaker, House of Representatives, Mr. Aminu Tambuwal
The House of Representatives; its Speaker, Aminu Tambuwal; and Deputy Speaker, Emeka Ihedioha, on Tuesday headed for the Court of Appeal, Abuja Division, to challenge a Federal High Court judgment which restrained lawmakers who defected to the All Progressives Congress from altering the leadership of the House.
In a notice of appeal filed by their lawyer, Mahmud Magaji, SAN, the lawmakers asked the appellate court to set aside the judgment.
Justice Adeniyi Ademola had in his judgment on Monday in the suit with number FHC/ABJ/CS/4/14, which was filed by the Peoples Democratic Party against the House of Representatives, its principal officers and the 42 defected lawmakers, held that there was no division in the PDP to qualify the legislators to defect and continue to retain their seats in line with the provisions of section 68 (1) (g) of the 1999 Constitution.
The section allows for defection of members of the National Assembly in situations where there is division in thier political parties.
Challenging the judgment, the appellants argued that the decision of the Abuja FHC was “perverse,” and was not supported by the reliefs sought by the PDP.
They insisted that the trial judge “erred in law when he granted reliefs not sought by the plaintiff,” adding that the judgment “is against the weight of evidence.”
They stressed that Justice Ademola erred when he granted the reliefs sought by the plaintiff and went further to hold that the respondents ought to have resigned their seats as members of the House of Representatives.
Furthermore, the appellants argued that the judge was wrong when he held that the reliefs sought by the PDP in the suit were justiciable and proceeded to grant the reliefs without considering the provision of section 30 of the Legislative Houses (Powers and Privileges) Act Cap L12 Law of the Federation of Nigeria 2004.
The section provides that “neither the President nor the Speaker, as the case may be, of a legislative house shall be subjected to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in him by or under this Act or the standing orders of the Constitution.”
The appellants argued that trial judge wrongly assumed jurisdiction over the suit, which they insisted was an internal affair of the House.
They further argued that the House was protected under Section 60 of the Constitution.
Insisting that the PDP lacked the locus standi to institute the case because it was not predicated on any recognised legal interest, they stressed that the reliefs sought by the ruling party were not supported by any legal evidence.
In the same vein, they contended that the trial judge was wrong in holding that the suit was rightly commenced with originating summons without regard to the provision of Order 3 Rule 6 of the Federal High Court Civil Procedure Rules 2009.
The appellants asked the Court of Appeal to hold that the suit filed by PDP was an abuse of the court because there were similar cases, involving the same parties, still pending before the court.
Specifically, they referred the appellate court to the suit with number FHC/ABJ/CS/621/2013 between Senator Bello Hayato Gwazo and 79 others vs Alhaji Bamaga Tukur and four others, which they insisted had the same parties and similar prayers with the suit in which Justice Ademola delivered judgment on Monday.
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