For what they considered breach of the nation’s constitution, the two remaining Peoples Democratic Party (PDP) lawmakers in the Sokoto State House of Assembly have dragged their 27 colleagues who defected to the all Progressives Congress (APC) before a Federal High Court in the state.
The plaintiffs, Ibrahim Magaji Gusau and Almustapha Isa Wumo, in a suit filed at the Federal High Court in the state also seek that the court should declare the seats of the defectors vacant.
Also joined in the suit are the Independent National Electoral Commission (INEC), the Inspector General of Police and the National Assembly as 28th-29th and 30th defendants.
The PDP lawmakers want the court’s nod for the National Assembly to take over the running of the affairs of the Assembly until law and order prevails.
In the Originating Summons filed by Counsel to the plaintiffs, Chukwuka Ugwu, the plaintiffs pray the court to determine the following:
· Whether upon the proper construction of the provision of section 109(1) (g) of the 1999 Constitution as amended; the pt to 27thDefendants who defected to the All Progressive Congress(APC) ought to vacate their seats having been voted into the Sokoto State House of Assembly on the Platform of the 3rdPlaintiff in the 2011 General Elections?
· Whether by the combined operation of the provisions of Sections 106 (1) (d) and 109(1)(g) of the 1999 Constitution as amended, the I” to 27th Defendants seats cannot be declared vacant.?
· Whether 1st to 27thDefendants defection to the All Progressive Congress (APC) does not amount to willfully vacating their seats when the People’s Democratic Party on which platform they were elected is not in division and neither did it merge with any other political party within the contemplation of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.?
Whether the seats of the 1st to 27thDefendants who have defected to the All Progressive Congress (APC) should not be declared vacant and new elections conducted to replace them within the contemplation of the constitution Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.?
· Whether the 1st to 27thDefendants can constitutionally and lawfully still retain their seats as members of the Sokoto State House of Assembly, their tenure as members of the Sokoto State House of Assembly having expired by their; willful defection to All Progressive Congress.(APC)?
• Whether for the purpose of determining the tenure of membership of the House of Assembly pursuant to Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the 1st defendant should not be mandated to conduct bye election to replace the 1st to 27th Defendants?
Whether by the defection of the 1st to 27th defendants, 1st defendant can lawfully and constitutionally conduct bye elections to the seat of the 1st to 27th Defendants in their various constituencies by giving effect to Section 109 (1) (g) in connection with defendants defection.
The plaintiffs therefore seek appropriate declarations from the court that: by virtue of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the 1st to 27th Defendants who have willfully defected to the All Progressive Congress from the Peoples Democratic Party should have their various seats declared vacant; and that by the combined effect of Sections 106 (1) (d) and 109 (1) (g) of the 1999 Constitution as amended, the 1st to 27th Defendants tenure as members of the Sokoto State House Assembly have expired and that bye elections should be conducted to replace them.
They also seek the courts order compelling the 1st to 27th Defendants to vacate their seats as members of the Sokoto State House of Assembly having defeated to the APC in contravention of Section 109 (1) (g) of the 1999 constitution of the Federal Republic of Nigeria as amended and all their salaries and allowances stopped forthwith as well as the following:
“An order compelling the 29th Defendants from recognizing or further providing the 1st to 27th Defendants security or further assistance that is attached to their offices.
“An order mandating the National Assembly to take over the functions of the Sokoto State House of Assembly pending the conduct of bye election by the 28th Defendant and the reconstitution of the Sokoto State House of Assembly.
“An order of perpetual injunction restraining the 1st Defendants from carrying on with the function as members of the Sokoto State House of Assembly and all emoluments due to them stopped forthwith”.
Prompt News Online recalls that the 27 lawmakers recently defected to the All Progressives Congress (APC) few weeks after the state governor, Aliyu Wamakko joined the party.
