Abuja – An Abuja Federal High
Court has fixed Jan. 19, 2015 for
hearing in a suit filed by the
Peoples Democratic Party (PDP)
seeking to unseat the Speaker,
House of Representatives , Aminu
Tambuwal.

Justice Ahmed Mohammed
adjourned the case on Friday
after hearing the submissions of
PDP’s counsel, Mr Mike Ahamba
(SAN), Tambuwal’s counsel, Mr
Mahmoud Magaji (SAN).

He also heard the submission of
the counsel to the House of
Representatives, Mr Jibril Okutepa
(SAN).

The PDP had approached the
court with a motion ex-parte
seeking an order compelling the
Deputy Speaker, Emeka Ihedioha,
to declare Tambuwal’s seat
vacant.

PDP’s suit was sequel to
Tambuwal’s defection from the
PDP to All Progressives Congress
(APC) his refusal to vacate his
seat and instead went to court to
stop his removal.

The party, in the suit marked;
FHC/ABJ/CS/901/2014, joined the
Speaker, Tambuwal (individually)
and Deputy Speaker, Chief Emeka
Ihedioha, as co-respondents.

Ahamba said: “PDP wants an
order of court compelling the
Deputy Speaker to declare the
Kebbe/Tambuwal seat vacant.’’

“An order of mandamus
compelling Tambuwal to give
effect to Section 68 (1) (g) of the
1999 Constitution by declaring
his seat vacant having publicly
resigned on Oct. 28.

“An order restraining him from
performing or continuing to
perform the function of House of
Representatives Speaker, or
sitting or continuing to sit in the
House of Representatives as a
member.’’

Justice Mohammed had on Dec. 1,
granted leave to PDP to apply by
way of a judicial review for an
order of mandamus compelling
Ihedioha to declare Kebbe/
Tambuwal Federal Constituency
vacant.

The court further ordered the
PDP to serve on the respondents,
hearing notices and the
substantive originating
processes through the Clerk of
the House of Representatives.

However, at Friday’s sitting slated
for hearing, both Magaji and
Okutepa said they received the
service of processes from
Ahamba only on only Dec. 9,
adding that they needed time to
respond.

A court clerk also informed the
court that the Clerk was served
with the court processes on Dec.
4.

He said that the purpose was for
the clerk to transmit the court
processes to the Speaker and
Deputy Speaker respectively as
earlier ordered by the court.

The judge, therefore, adjourned
the case until Jan. 19 for the clerk
to transmit the court service to
Tambuwal and Ihedioha for
them to get set for hearing of the
originating summons. (NAN)