The All Progressives Congress has asked the Federal High Court, Abuja, to declare the seats of Ekiti six lawmakers vacant, for defecting to the Peoples Democratic Party.

According to a copy of the originating summons obtained by our correspondent on Friday, the party prayed the court to order a bye-election to fill their seats in accordance with the 1999 Constitution.

The affected members of the Ekiti State House of Assembly are the factional Speaker, Mr. Dele Olugbemi; Israel Olowo, Alex Ade Ojo, Adeyinka Adeloye, Mrs. Adunni Olayinka and Ayoka Fatumbi.

They are joined with the PDP and the Independent National Electoral Commissioner as defendants in the action brought through Originating Summons by the Plaintiff’s counsel, Dr. Olatunji Abayomi.

The lawmakers who won their seats on the platform of the Action Congress of Nigeria which later merged with other political parties to form the APC, defected on October 16 at the inauguration of Governor Ayodele Fayose in Ado-Ekiti.

The plaintiff asked the court to determine, *Whether upon proper construction of the provisions of Section 109(1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the defendants being persons whose elections to the House of Assembly was sponsored by the ACN, now the APC, can continue to retain their seats in the said House having become members of another political party, the Peoples Democratic Party since October 16, 2014 before the expiration of the period for which the House was elected.

*Whether the first to sixth defendants can validly pass or participate in making any legislative decision in the House of Assembly upon their defection from October 16, 2014 from the plaintiff, the APC to the seventh defendant (PDP) having regard to S. 109(1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

*Whether it is proper and necessary and in compliance with democratic rights and interest of their constituency for the eight defendant to conduct an election to fill the seats presently occupied by the first to sixth defendants, upon their defection from the plaintiff to the seventh defendant (the PDP).”

http://www.punchng.com/news/ekiti-apc-asks-court-to-sack-pro-fayose-defectors

APC is a political joke.

These APC people are just jokes, really!

If that's the case, Tambuwal MUST GO!!! HYPOCRITES!!!

Then Tambuwal must go first

@OP Must you exhibit ignorance and remain in your uninformed state.

Where did the APC go? You said they went to court? Now compare that to a police IG declaring the seat of a parliamentarian vacant and then taking the law in his own hands to implement

Why can't the PDP do same, go to court that what the constitution says, why resort to self help? Did you see anywhere in your post that the APC used police or OPC to start harassing or assaulting the defectors.

The laws are clear, you feel aggrieved GO TO COURT. have the APC act reasonably and show CLASS.? Of course thats the difference between both parties.

Lol

Tambuwal can clearly see he is being mislead by APC!

The court should rule for a bye election on the seats where the reps defected! That's the law!

But this shows the hypocrisy of APC

Lol

Tambuwal can clearly see he is being mislead by APC!

The court should rule for a bye election on the seats where the reps defected! That's the law!

pendicle:


Read your title again, foo.l, they went to court, where else do you want them to go? Your village or the united nations?

You come online thinking you have something to ridicule the APC not knowing you are purely exhibiting your cluelessness and daft state of mind and reasoning.

A court interprets a constitutional matter and that is where the APC went, to determine if the defectors have the right to still remain as legislators. That is class, t hat is due process juxtapose that with an IG ruling and stating the speaker who you are trying to bring.into your rubbish comparism has lost his seat because he defected. Is the IG a court of law? Does he have the right to make the pronouncement? Is that the duty of an IG? Go thru your post and show me the wrong the APC committed?

Or did they go to the Ekiti Assembly to start shooting teargas or mount roadblock to prevent the defectors from entering the Assembly.

Use your head Mr. Idi.ot, it is not just put there as a piece of furniture. A party who feel aggrieves goes to court that is the process and that is the law. Stop exhibiting sheer mumuism

Look the court is being approached because once again our politicians are failing to do the right thing.

The PDP politicians who defected should have step down and forced a bye-election and then re contest if they so choose!

Approaching the courts for things that are clear in the constitution should not be the norm!

mikeansy:


Look the court is being approached because once again our politicians are failing to do the right thing.

The PDP politicians who defected should have step down and forced a bye-election and then re contest if they so choose!

Approaching the courts for things that are clear in the constitution should not be the norm!

Defection is allowed if you feel there is crisis within.your party or there is a division. The constitution is clear on it, Tambuwal claimed there is a division within the PDP in his state, the onus is on the pdp to take him to court to disprove that.

The ekiti lawmakers can claim they were voted into office under defunct ACN, it is the onus of the APC to prove that the APC is/was an amalgamation of the ACN, the only party who can interpret and decide who is right or wrong it the court and no other person.

The APC has gone to court to fight its own case, has the PDP done same? That is the question. take tambuwal to court let the courts handle it not by using brute force and intimidation to enforce your wish.

The moment.the belief in the rule of law is watered down then there is no basis for constitutional democracy.

This APC play the real game of politics. Tambuwal may be able to proof division in his state and national level of the party (though the latter is may be dismissed) but those Ekiti lawmakers have no prove as to division in the state or at national level.
PDP playing politics of power and money while APC playing politics of smartness and sympathy.
I think the latter may eventually win the game.

The Ekiti issue is an exercise in futility. ACN, the party that sponsored them for the election no longer exists as it has merged with other parties to form APC and merging of a sponsor party is a valid reason for defection.

Bunch of fools kai

APC has pulled the rug from underneath the feet of Tambuwal.
What face would Tambuwal use to talk to the press about his membership of the House of Represenatatives when the APC is contesting the membership of some other defectees?

The simple truth is that all the legislators that defected from the pdp are all gone.
I am just sorry for them.
When the house of representatives resume, tambuwal will enter a black maria if he shows up.
Subsequently all the Reps who have prima facia cases, who defected from undivided parties, will be kindly asked to excuse the house for deliberations to continue.

pendicle:
@OP Must you exhibit ignorance and remain in your uninformed state.

Where did the APC go? You said they went to court? Now compare that to a police IG declaring the seat of a parliamentarian vacant and then taking the law in his own hands to implement

Why can't the PDP do same, go to court that what the constitution says, why resort to self help? Did you see anywhere in your post that the APC used police or OPC to start harassing or assaulting the defectors.

The laws are clear, you feel aggrieved GO TO COURT. have the APC act reasonably and show CLASS.? Of course thats the difference between both parties.

They would have done that if they had the power

[quote author=malele post=28297077]

They would have done that if they had the power[/quote God bless u

ola6:
These APC people are just jokes, really!

If that's the case, Tambuwal MUST GO!!! HYPOCRITES!!!

Tambuwal's case is different. In Sokoto State there is division in PDP, but in Ekiti State there is no division in APC.

When we say Tambuwal is no longer the Speaker of the House of Representatives upon his defection, some people thought we were high on weeds. I guess this article settles it then.

[size=14pt]THIS IS WHAT PDP SHOULD HAVE DONE AGAINST TAMBUWAL.

BUT THEY BELIEVE ALL POWERS BELONG TO THEM.

SUBJUGATING THE JUDICIARY, JUDGING BY ITSELF (PDP) AND ENFORCING ITS OWN JUDGEMENT.

THANK GOD THE UMBRELLA IS TEARING MORE AND MORE, DAY AFTER DAY.[/size]

pendicle:
@OP Must you exhibit ignorance and remain in your uninformed state.

Where did the APC go? You said they went to court? Now compare that to a police IG declaring the seat of a parliamentarian vacant and then taking the law in his own hands to implement

Why can't the PDP do same, go to court that what the constitution says, why resort to self help? Did you see anywhere in your post that the APC used police or OPC to start harassing or assaulting the defectors.

The laws are clear, you feel aggrieved GO TO COURT. have the APC act reasonably and show CLASS.? Of course thats the difference between both parties.

Stop the logic, Oshemohle and APC Edo State Assembly did so without Court pronouncement.

Not just only Edo State.

Ngwakwe:




Stop the logic, Oshemohle and APC Edo State Assembly did so without Court pronouncement.

Not just only Edo State.

Guy concentrate on your duty of moving any pro PDP article to front page and stop disturbing my mention mbok.

pendicle:


Guy concentrate on your duty of moving any pro PDP article to front page and stop disturbing my mention mbok.

Did Ngwakwe say the truth or not? ..before you start your false accusations.

dunkem21:


Did Ngwakwe say the truth or not? ..before you start your false accusations.

What truth again? Kindly feed me. The cases of the Assembly men in Edo state is in court following appeals and counter injunctions. The case is in court and both parties are in court.

There is no comparison between that case N this one. Both APC and PDP factions brandied court injunctions. And the status quo has remained till all appeals resolved.

Is PDP in court over TAmbuwal? Has any court delivered a judgement compelling him to leave the role of SPEAKER? Has his colleagues in the House impeached him? That's tge difference between Edo Assembly and the House of Reps.

Oshemohle:


He explained that of the nine PDP members, three were on suspension while the seat of another member had been declared vacant, which he said reduced the number of PDP lawmakers in the house.

See hypocrisy in RED quoted above

www.nairaland.com/2007235/oshiomole-takes-fayose-cleaners

Ngwakwe:



See hypocrisy in RED quoted above

www.nairaland.com/2007235/oshiomole-takes-fayose-cleaners

What really are you lacking? Nutrients or comprehension?


Who declared his seat vacant? Oshiomole? The Edo speaker? The State CP? The thugs or political followers of the APC?

If a court as your clearly posted declared his seat vacant, it is left for him to seek redress and appeal. If what you posted yourself have no meaning to you how else will someone else educate you.

Let PDP go get a jugdement declaring hiS SEAT vacant even if na SHARIAH COURT, so far na court that is all.

A COURT NGWAKWE and not the Police IG or the DSS.

pendicle:


What really are you lacking? Nutrients or comprehension?


Who declared his seat vacant? Oshiomole? The Edo speaker? The State CP? The thugs or political followers of the APC?

If a court as your clearly posted declared his seat vacant, it is left for him to seek redress and appeal. If what you posted yourself have no meaning to you how else will someone else educate you.

Let PDP go get a jugdement declaring hiS SEAT vacant even if na SHARIAH COURT, so far na court that is all.

A COURT NGWAKWE and not the Police IG or the DSS.

a court has already declared seats of defecting representatives vacant.
Tambuwal was the one that failed to declare the seats vacant.
do you want to re-invent the wheel?

If you defect, and the appropriate subsection applies to you, you are no longer a member of the house.
Infact, you will not show up at the next seating of the house when the "speaker" will declare your seat vacant.

In tambuwal's case, the house has to seat in his absence,
declare his seat and the seats of any other defaulters of the law vacant,
then proceed to elect a new speaker while INEC would schedule bye-elections to fill the vacant seats.

tit:

a court has already declared seats of defecting representatives vacant.
Tambuwal was the one that failed to declare the seats vacant.
do you want to re-invent the wheel?

If you defect, and the appropriate subsection applies to you, you are no longer a member of the house.
Infact, you will not show up at the next seating of the house when the "speaker" will declare your seat vacant.

In tambuwal's case, the house has to seat in his absence,
declare his seat and the seats of any other defaulters of the law vacant,
then proceed to elect a new speaker while INEC would schedule bye-elections to fill the vacant seats.

Please kindly show us the court judgement that STATED that your statement.

What the judge said was there was no DIVISION IN THE NATIONAL BODY OF PDP as the so called NEW PDP is not known to INEC. Please don't come online and say things without facts behind you.

Read TAMBUWAL'S Defection statement, He said CONSEQUENT UPON THE HAPPENINGS IN MY STATE, not crisis within the PDP.

The constitution said a member can only defect if there is division or merger by the party on whose platform.he was elected. Whats your defination of DIVSION? Is it national division? is it a state division? is it that of a local or ward division? Who can define or come out to declare a verdict on such DIVISION AND WHICH LEVEL OF DIVISION THE CONSTITUTION MEANT? Tambuwal represents his CONSTITUENCY FIRST the SPEAKERSHIP IS JUST A PRIVILEGE GIVEN HIM BY HIS COLLEAGUES, he won the right to represent his people and if he says there is a DIVISION IN his constituency then let's the COURT HEAR HIM AND ANYBODY WHO THINKS OTHERWISE should proof there is no division there to warrant him defecting.

Sunnybobo3:
The Ekiti issue is an exercise in futility. ACN, the party that sponsored them for the election no longer exists as it has merged with other parties to form APC and merging of a sponsor party is a valid reason for defection.

[size=14pt] IGNORANCE.
YOU SAT.
YOU THOUGHT OF IT
AND SPEW IT OUT.
SMH.[/size]

Olaolufred:


[size=14pt] IGNORANCE.
YOU SAT.
YOU THOUGHT OF IT
AND SPEW IT OUT.
SMH.[/size]

Why not get yourself a copy of the constitution mate.?

pendicle:



Who declared his seat vacant? Oshiomole? The Edo speaker? The State CP? The thugs or political followers of the APC?

If a court as your clearly posted declared his seat vacant, it is left for him to seek redress and appeal. If what you posted yourself have no meaning to you how else will someone else educate you.

Let PDP go get a jugdement declaring hiS SEAT vacant even if na SHARIAH COURT, so far na court that is all.

A COURT NGWAKWE and not the Police IG or the DSS.

It wasn't the court that declared Mr. Abdulrazak Momoh's seat vacant rather the Edo State APC Speaker did while having a session in Edo State Governor's lodge.

Bros, you are the person misleading Nairalanders here and doing so with much arrogance and incivility

Go through what transpired in Edo state and update yourself with the details from the article below.

Edo Speaker declares lawmaker’s seat vacant for defecting to PDP
BENIN— THE Speaker of Edo State House of Assembly, yesterday, declared the seat of the member representing Etsako West Constituency I, Mr. Abdulrazak Momoh, vacant for defecting to Peoples Democratic Party, PDP, from All Progressives Congress, APC. The Speaker, Mr. Uyi Igbe, during plenary of the APC lawmakers at the Old Assembly complex in Government House, Benin, said the lawmaker’s defection did not follow due process.The post Edo Speaker declares lawmaker’s seat vacant for defecting to PDP appeared first on Vanguard News.


Content provided by vanguardngr.com

By Simon Ebegbulem

BENIN— THE Speaker of Edo State House of Assembly, yesterday, declared the seat of the member representing Etsako West Constituency I, Mr. Abdulrazak Momoh, vacant for defecting to Peoples Democratic Party, PDP, from All Progressives Congress, APC.

The Speaker, Mr. Uyi Igbe, during plenary of the APC lawmakers at the Old Assembly complex in Government House, Benin, said the lawmaker’s defection did not follow due process.

He said Session 109 (1g) of the 1999 Constitution as amended, empowers the Speaker to declare the seat of a lawmaker, upon defection to another party from the party he was elected, vacant.

He called on the Independent National Electoral Commission, INEC, to fill the vacant position within 90 days.

The 14 APC legislators loyal to Igbe have been at loggerheads with the nine PDP legislators out of which six were suspended for alleged misconduct.

They don’t obey court orders— MOMOH
However, Mr. Momoh described the action as laughable, saying the move was to truncate the legal action instituted against APC legislators for allegedly forging his signature.

According to him, the Speaker once said in the media that he (Momoh) was not suspended because of a pending legal action he instituted against the House, adding “and the court restrained them from suspending and declaring my seat vacant. It is already a known fact that they do not obey court orders.

“What they have done in Government House is null and void because the Government House is not the designated place for legislative activities.

“To start with, there is a subsisting court order stopping the House from declaring seats vacant, suspending and stopping the remunerations of the defected lawmakers


www.daargroup.com/daar-group/latest-news/vanguardngr-edo-speaker-declares-lawmakers-seat-vacant-defecting-pdp

We need to get away from the realms of the constitution said this or that

Politicians should learn to go back to the people who voted them in to vote them again when they move party.

If our politics were issue based, who says the reasons Tambuwal left PDP will resonate with his constituency ? You can't know this without a vote!

In UK conservative politicians who moved to UKIP a smaller party even though their constitution does not require them to step down, did so anyway and forced a bye-election.