THE Federal High Court in Abuja, on Monday, struck out one of the suits brought before it by the Speaker of the House of Representatives, Aminu Waziri Tambuwal, against the Attorney-General of the Federation (AGF) and Inspector General of Police (IGP), challenging the constitutionality of the withdrawal of his security details.

The trial judge, Justice Ahmed Ramat Mohammed, also fixed November 28 for hearing of the motion for joinder and amended originating summons filed by Tambuwal in another suit.

The dismissal of the suit against AGF and the police boss followed withdrawal by Tambuwal’s counsel in the suit, Dr Tunji Abayomi.

When the matter was mentioned on Monday,  Abayomi told the court that his client had earlier called him before the court sat that the suit should be withdrawn, saying, however, that the application was very different from the other one and that the instant one was basically asking the court to determine the constitutionality of the withdrawal of Tambuwal’s aides.

Counsel to defendants in the suit, Ade Okeaya-Inneh, did not oppose the application, but prayed the court for an order of dismissal on ground that they have filed a response to the application and that the court should make an order as to cost.

Opposing that application, Abayomi contended that the defendants had not joined issue with them and that the matter was for mention.

Delivering a short ruling,  Justice Mohammed held that the defendants had only responded to the interlocutory application and not the substantive one.

He further held that the implication was that the defendants had not yet joined issue with the plaintiff and struck out the suit with no order as to cost.

In the second suit filed by Tambuwal, challenging the withdrawal of his aides and seeking to stop the House of Representatives from removing him as the Speaker of the House, the court also adjourned till November 27 for hearing.

Counsel to Tambuwal in the suit, Lateef Fagbemi, who led about seven other senior advocates of Nigeria  and 65 lawyers, brought an application to amend the originating summons.

In the amended application, Tambuwal is asking the court to determine whether the AGF and IGP  have the power to interpret the constitution to the effect of withdrawing his aides.

Some other parties have also approached the court, seeking an order of joinder in the suit.

Responding to the application to amend originating summons, Okeaya-Inneh prayed the court for a short adjournment, so as to respond to it.

It will be recalled that the court had earlier stopped the Peoples Democratic Party (PDP) from reconvening the House of Representatives before the next adjourned date.

The court also refused to reverse withdrawal of Tambuwal’s aides, but rather gave an order of accelerated hearing.

Tambuwal had approached the  court to challenge the withdrawal of his aides and also seek to stop the House of Representatives to declare his seat vacant as speaker.

Joined as defendants in the suit are PDP, its national chairman, Adamu Mu’azu, House of Representatives’ deputy speaker, IGP, Independent National Electoral Commission (INEC) and the AGF.

The defendants had brought a preliminary objection against the application, asking the court to dismiss it.

Source: Tribune

http://oyiidoma..com/2014/11/court-strikes-out-tambuwals-suit.html?m=1

Is it the same one he withdrew or another on he wanted to make?