THE Peoples Democratic Party (PDP) has approached the Federal High Court in Abuja, with a motion ex parte, seeking a court order directing Aminu Tambuwal to declare the Kebbe/Tambuwal federal constituency seat vacant, following his defection from the PDP to All Progressives Congress (APC).
Moving the motion on Monday, PDP’s counsel, Chief Mike Ahamba, said Tambuwal had lost his seat by reason of his defection, according to the provisions of Section 68 of the 1999 Constitution.
The ruling party joined the Speaker of the House of Representatives, Alhaji Tambuwal and the Deputy Speaker as respondents in the motion.
It urged the court to order Tambuwal to give effect to the provisions of Section 68(1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), to declare his seat in the House of Representatives vacant.
PDP also prayed the court for an alternative order directing the Deputy Speaker of the House of Representatives to declare the Kebbe/Tambuwal seat vacant by an order of mandamus.
Also in the ex parte motion, PDP asked the court to stop Tambuwal from performing or continuing to perform the function of the Speaker in the House of Representatives or sitting or continuing to sit in the House as a member.
A 16-paragraph affidavit in support of the ex parte motion averred that Tambuwal, who was sponsored in the 2011 general election by the PDP has left the party to join the APC, as he announced on October 28, thereby informing the House of Representatives on his presnt status as required by law.
The affidavit, as deposed to by one James Ugbogu, a lawyer, said it was constitutional for the House of Represntatives to declare Tambuwal’s seat vacant in the circumstance of his defection to the APC.
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