LordMecuzy:



Gbam u've said it all

Learned Colleague

Sunnybobo3:
A federal high court in Abuja has granted leave to the Peoples Democratic Party (PDP) to file a motion for an order of mandamus compelling Aminu Tambuwal, speaker of the federal house of representatives to declare his seat vacant. More to follow…

Read more at: http://www.thecable.ng/breaking-court-grants-pdp-leave-motion-vacate-tambuwals-seat | TheCable

holatin:

I owns my house you destitute

barcanista:
What is illegitimate in approaching a superior court of competent jurisdiction to challenge the ruling of a lower court?

p3ndy79:


An order of mandamus is a [b]writ of summon[/b]which command an individual or entity to carry out an instruction or action.

The judge gave an order to the PDP to summon tambuwal to come defend why he should still remain speaker since he has defected.

It is not an EvICTiON or disqualification order from being a member of the house not to talk of him stepping down as speaker.

holatin:

I owns my house you destitute

SeverusSnape:

you're the senior Advocate of Nairaland. you sound like a law student or a lawyer even ,even the way you explained that Brown's case yesterday. Kudos

p3ndy79:


Na, I'm no lawyer bro. I'm a mariner. Our knowledge is as broad as the waters we sail.

purplesummer:

An Order of Mandamus IS NOT a writ of summons! Habba!! Where did you learn that from?

p3ndy79:


An order of mandamus is a writ of summon which command an individual or entity to carry out an instruction or action.

The judge gave an order to the PDP to summon tambuwal to come defend why he should still remain speaker since he has defected.

It is not an EvICTiON or disqualification order from being a member of the house not to talk of him stepping down as speaker.

SeverusSnape:

Oh!...I love that!, aye aye Captain!!!

Empero1:
Obviously , almost all of you above did not know the full meaning of this said court order . For one , the speaker is not yet removed from his seat , no ,and no court in the land has the power to do so because of his defection from one political party to another . The level of his popularity among his colleagues is the only thing that will always determine his fate . The court only asked him to vacate the seat on his own volition and principle ( which I am certain he's not ready to yield to ) , else his former party the PDP can decide to initiate moves to impeach him through the instrumental of 2/3 of the house members as stipulated in the constitution .

Now , the problem is that , it will be a herculean task for the PDP to secure support of 2/3 of the members of the house of representative to impeach him citing the current political atmosphere and the level of his popularity among his colleagues . Clearly , he will serve his tenure till the end of this regime , I can bet any of my valuables for this .

The constitution stance of how primus inter pares of any arm of the the house of assembles should emerged is very clear . It is he/she who secures majority votes from the members of the house that do emerge victorious as the primus inter pares , not necessary a member from the dominant political party in the house . In summary , his popularity and acceptability among his colleagues is what will keep saving him till the end .

Empero1:
Obviously , almost all of you above did not know the full meaning of this said court order . For one , the speaker is not yet removed from his seat , no ,and no court in the land has the power to do so because of his defection from one political party to another . The level of his popularity among his colleagues is the only thing that will always determine his fate . The court only asked him to vacate the seat on his own volition and principle ( which I am certain he's not ready to yield to ) , else his former party the PDP can decide to initiate moves to impeach him through the instrumental of 2/3 of the house members as stipulated in the constitution .

Now , the problem is that , it will be a herculean task for the PDP to secure support of 2/3 of the members of the house of representative to impeach him citing the current political atmosphere and the level of his popularity among his colleagues . Clearly , he will serve his tenure till the end of this regime , I can bet any of my valuables for this .

The constitution stance of how primus inter pares of any arm of the the house of assembles should emerged is very clear . It is he/she who secures majority votes from the members of the house that do emerge victorious as the primus inter pares , not necessary a member from the dominant political party in the house . In summary , his popularity and acceptability among his colleagues is what will keep saving him till the end .

p3ndy79:


There are certain judgement that a judge will not try play political sentiments with.

The constitution is clear on the modalities for defecting by a legislature, "except there is a division in the party for which he was elected in that legislative calendar"

Did the constitution states only IF there is division in national body of the party? NO
Can the division envisaged by the constitution be inclusive of state, zonal and constituency crisis within that party? MAYBE. The court will rule on that .

Remember Tambuwal's statement when he was defecting? " based on the development within my STATE.

He knew what he was saying, he is a sound lawyer.

p3ndy79:


Mandamus mean " we command " can't it be literally said that the court command PDP to summon tambuwal.

Pardon my layman usage, I no go law school.

purplesummer:

You are pardoned sir.. A writ of summons is an originating process i.e, it is used to commence an action in court. An order of mandamus proceeds from the bench(Judge) during the course of an action already pending in court, it is totally different from a writ of summons which is issued by a lawyer.

p3ndy79:


An order of mandamus is a writ of summon which command an individual or entity to carry out an instruction or action.

The judge gave an order to the PDP to summon tambuwal to come defend why he should still remain speaker since he has defected.

It is not an EvICTiON or disqualification order from being a member of the house not to talk of him stepping down as speaker.

p3ndy79:


There are certain judgement that a judge will not try play political sentiments with.

The constitution is clear on the modalities for defecting by a legislature, "except there is a division in the party for which he was elected in that legislative calendar"

Did the constitution states only IF there is division in national body of the party? NO
Can the division envisaged by the constitution be inclusive of state, zonal and constituency crisis within that party? MAYBE. The court will rule on that .

Remember Tambuwal's statement when he was defecting? " based on the development within my STATE.

He knew what he was saying, he is a sound lawyer.

donroxy:
Personal interest over societal interest is the bane of Nigerian Development ... Our Politicians playsPolitics like WHOT or LUDO !
Tambuwal knew his decision to defect @that point in time will surely cause commotion in the house while IGP knew hindering Honorables from their chamber will surely caused commotion ....

Both men still went ahead to humiliate this country by climbing gate and teargasin one another ....

I wonder what the europeans/westerners think of Black African leaders in this century of civilisation .... No wonder some Nigerian In Diaspora were usually asked whether those @home are living on trees !

p3ndy79:


Which ever the case, it is an order asking PDP to do the needful by making him appear in court not a declaration that he is no longer the speaker as being celebrated by some posters on the thread.

The rest wey you talk na legal mumbo jumbo.

Lolz......