Justice Ibrahim Buba of a Federal High Court sitting in
Lagos on Monday refused to assume jurisdiction over a
suit seeking to stop the House of Representatives from
holding a plenary towards the execution of impeachment
moves against President Goodluck Jonathan.
The suit also sought an order restraining Aminu
Tambuwal from carrying on as the Speaker of the House
of Representatives.
But Buba refused to entertain the suit on the grounds
that it fell short of the provisions of Order 2 Rule 2 of the
Federal High Court Rules on jurisdiction.
Two lawyers namely, Anthony Nwajiugo and Okechukwu
Ebirim, filed the suit marked FHC/L/CS/1863/14.
In it, they sought a declaration that the House of
Representatives, as presently constituted with Tambuwal
as the Speaker, was subversive of the 1999 Constitution,
as amended.
They sought a declaration “that the House of
Representatives as presently constituted cannot embark
on any legislative business, including the adjournment
of plenary sessions on the impeachment of the President
of the Federal Republic of Nigeria, being improperly
constituted; and
“A declaration that Hon. Aminu Waziri Tambuwal of
Kebbe/Tambuwal Federal constituency of Sokoto State
cannot remain and by his action, lost the competence to
remain the Speaker of the House of Representatives of
the National Assembly of the Federal Republic of Nigeria
of Nigeria.”
But on Monday when the second plaintiff, Ebirim,
appeared before Buba, the judge asked why the plaintiffs
did not go to Abuja to file the suit, since the defendants
carry out their statutory duties in Abuja.
“Give me reasons why I should sit in Lagos and say the
House of Representatives should not sit in Abuja. You
have not served them in Abuja; you have served them in
Lagos. Can we constitute our own jurisdiction?
“The two plaintiffs are lawyers, why are they afraid to go
to Abuja? Does the National of Assembly carry out its
business in Lagos?
“Learned counsel should address this court on why the
court should entertain this suit in Lagos, in view of
Order 2 Rule 2 of this court.”
But Ebirim submitted that being an issue that borders on
the Constitution, and given the fact that the National
Assembly had a liaison office in Lagos, the plaintiffs had
the right to ventilate their grievances before the Federal
High Court, irrespective of division.
He said, “We submit that a matter that borders on the
constitution is national in nature and can be heard in a
Federal High Court, irrespective of division.”
But Buba dismissed the argument and held, “This case
is wrongly constituted in Lagos. The case shall be
transferred to Abuja. The plaintiffs shall approach the
Chief Judge of this court for a date for hearing.”
In an affidavit filed in support of the suit and deposed to
by the first applicant, Nwajiugo, the deponent averred
that by virtue of his citizenship and training as a lawyer,
he was aware that Section 68 (1) (g) of the Constitution
provided that a member of Senate or House of
Representatives shall vacate his seat upon defection
from the party that sponsored him or her before the
expiration of his or her tenure.
He added that the suit was filed basically to challenge
the propriety of Tambuwal presiding over the House
business, especially the plans to impeach Jonathan.

Source: http://www.punchng.com/news/court-refuses-to-hear-suit-seeking-tambuwals-removal/