The United Global Resolve for Peace Organisation, a Non-Governmental Organization (NGO), has dragged the former Speaker of the House of Representatives, Mr Yakubu Dogara, asking the court to declare his vacant, following his defection to the All Progressives Congress (APC).
It would be recalled that Dogara had tendered his
resignation letter to the Peoples Democratic Party (PDP) Chairman at Bogoro ‘C’
Ward in Bogoro Local Government Area, Bauchi, on July 24, 2020.
In his resignation letter, Dogara stated that his resignation
from PDP was to continue the fight to install a decent and egalitarian
government in the state.
But the group in an originating summons marked
FHC/ABJ/CS/883/2020 filed by its counsel, Michael Okejimi & Co. Law Empire
and obtained by newsmen on Wednesday, sought an order of court directing Dogara
to vacate his seat.
The group prayed the court to also restrain the 4th
defendant or any other person acting in that office from further recognizing
the 1st Defendant as member of the House of Representatives.
The six defendants in the suit are (1) the former Speaker
Dogara, (2) PDP (3) APC (4) Speaker of the House of Representatives (5),
Independent National Electoral Commission, and (6) the Attorney General of the
Federation.
Mr Pelumi Olajengbesi, another lawyer for the plaintiff in
an affidavit in support of the originating summons argued that there was a
public duty on the 1st defendant to vacate his seat at the House of
Representatives given the instant circumstances.
“The 1st defendant having relinquished his membership of the
2nd defendant via his letter of resignation and joined the 3rd defendant is
legally mandated by the 1999 (as amended) Constitution to vacate his seat as a
member of the House of Representatives.
“The 1st defendant’s defection from the 2nd defendant
political party to the 3rd defendant political party without any division
within the national structure of the 2nd Defendant political party has deprived
the 1st defendant of the vires to continue to occupy his seat.
“The Application to the Honourable Court is to ensure the
observance of the law and the preservation of the political public morality of
the country.
“It is the Plaintiff’s belief that there has been an
infraction/breach of the provision of the constitution of the Federal Republic
of Nigeria, 1999 (as amended) by the 1st defendant, and that no one is above
the law,” Olajengbesi said.
No date has been fixed by the court for hearing on the
matter.
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