Court dismisses suit seeking Kaduna lawmaker’s sack – Daily Trust

A Federal High Court sitting in Abuja, on Tuesday dismissed a suit seeking to sack the member representing Igabi Federal Constituency of Kaduna State within the House of Representatives, Hussaini Jallo, over his defection from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC)

The Court, in a judgement delivered by Justice James Omotosho, held that the PDP, which filed the suit, had failed to position any credible proof earlier than it to determine that Jallo’s defection to the APC was not so as.

Daily Trust reviews that the PDP had within the suit joined Jallo; Speaker of House of Representatives, Tajudeen Abass, and the Independent National Electoral Commission  (INEC) as 1st to third defendants respectively.

In the amended originating summons filed on March 6, the plaintiff sought a declaration that Jallo, having defected from the PDP that sponsored him and on which platform he was elected as a lawmaker representing Igabi Federal Constituency of Kaduna State to APC, should vacate his seat with rapid impact.

The PDP, via its lawyer, M.S. Atolagbe, cited Section 68 (1)(g) of the 1999 Constitution (as amended) to again its arguments.

The plaintiff sought an order declaring vacant the seat of Igabi Federal Constituency within the House of Representatives at the moment occupied by Jallo and directing him to, with rapid impact, vacate the mentioned seat by advantage of Section 68 (1)(g) of the 1999  Constitution (as amended).

It additionally sought an order directing Jallo to instantly vacate his seat as a member representing the constituency, having defected from the PDP, being the political social gathering that sponsored him as a member representing the Igabi Federal Constituency to the APC.

It equally sought an order of perpetual injunction restraining Jallo from parading or additional holding out himself because the member representing the Igabi Federal Constituency of Kaduna State within the House of Representatives and enterprise any legislative duties or operate thereof, having misplaced his legislative seat by advantage of his defection to APC.

In his counter affidavit, Jallo denied being a “former member” of the PDP and that he remained a sound, bona fide and a card-carrying member of the political social gathering and that his allegiance and loyalty to it had not modified.

He additionally acknowledged that he had not tendered or submitted any letter of resignation or defection from PDP at his electoral ward, and that his membership within the political social gathering was nonetheless legitimate, lawful and bonafide.

Also, the Speaker of the House of Representatives, in his counter affidavit, acknowledged that opposite to PDP’s allegation, he by no means introduced nor learn any doc on the ground of the House that Jallo defected from PDP to APC.

Similarly, INEC, in its counter affidavit, acknowledged that PDP had been bedevilled by the disaster, which was evidenced by the emergence of two purposeful leaderships.

Delivering the judgement, Justice Omotosho agreed with the PDP’s argument that it had a authorized proper to institute the suit and that it’s a needed social gathering to the suit opposite to Jallo’s submission.

According to the decide, a political social gathering which sponsored such individuals who’ve allegedly defected is absolutely clothed with the requisite locus standi to convey a court docket motion to compel the Speaker of the House of Representatives to declare the defecting members’ seats vacant.

Justice Omotosho, nevertheless, mentioned having not proved that the first defendant (Jallo) defected from the plaintiff (PDP) to the All Progressives Congress, the reliefs of the plaintiff has nothing to help it.