In a swift response to the suit filed by Aminu Tambuwal, the Federal Government has on Wednesday, November 5 2014 filed a Counter Affidavit and Written Address.

In the written arguments filed by FG’s legal team, Dr Fabian Ajogwu SAN and Mr Ade Okeaya-Inneh SAN on Wednesday, November 5, 2014, the Federal Government is asking the Court to first determine the status of Tambuwal who voluntarily vacated his membership seat of the House of Representatives. They are asking the Court to determine if indeed Tambuwal was still a member of the House and if vacated his membership seat, he could still be talking of being the Speaker. They also argue that this is a case that should be determined on its merits and not by interlocutory injunction on reliefs that are essentially the substance of the case.

Citing Section 215 (5) of the 1999 Constitution as amended, the Federal Government through its Counsel asked the Court to turn down Tambuwal’s prayer for a mandatory injunction on the IGP to restore Tambuwal’s security detail as the Courts constitutionally lack the powers to do so. It is also the Federal Government’s contention that the issue of security details is neither a constitutional nor statutory right but a mere privilege, at the discretion of the IGP.

On Tambuwal’s prayer for an Order restraining the House of Representatives from removing him, Learned Counsel to the Federal Government argued that such a relief was not grantable as an Injunction cannot be sought and granted for a completed act. Citing the Supreme Court in Alegbe V. Oloyo, the FG contends that by defecting from the PDP to the APC, Tambuwal had already automatically vacated his seat and therefore, there was no need for anyone to do anything more as there was nothing to impeach or remove. They urge the Court to determine the matter on the merits since Tambuwal’s transformation from a Speaker to a non-member of the House had become the main issue to be determined by the Court.

The Court had adjourned the matter to Friday, November 7, 2014 after declining Tambuwal’s application for exparte injunction but ordering that the status quo be maintained at least until Friday Nov 7.
http://ynaija.com/fg-to-tambuwal-you-are-no-longer-a-member-of-the-house-of-reps/

Now this is getting confusing

Fg shld keep dozing on a keke

PDP is a party of confused politicians.

Stories! This idiotic fg is ready to trample on anything left of the rule of law that has already suffered and severally undermined in their hands.

Federal government ie executive arm is an arm of government that is not superior to the legislative arm.

Question for PDP- Is Mimiko still the gov of Ondo? Why is it that it's when it doesn't pay them that they spew rubbish?

The constitutional provision governing a decamping governor is different from a house of rep member

Reading the comments above I marvel.

Is Tanbuwal above the law?

Doesnt the law says if you defect, you vacate?

Its a shame Tanbuwal has no honor in him otherwise he should have resigned long ago.


But then, let the court decide.

Meanwhile.........GEJ till 2019, Gusau till 2023. PDP till Buhari apologize for cancelling Lagos metro rail project.

Haters can continuing hating, its their right to hate.

If to say FG have ever been serious,we would have take them on what they are saying

the manner mr jonah is fighting this fight makes me wonder What it really is they are Trying to hide.

I mean, this is not the first time Someone is migrating from one party to another. so, Why all these rancor just coz mr tambuwal feels like defecting.

Chai.... gej is really shooting himself in the leg

naija2dabone:
Reading the comments above I marvel.

Is Tanbuwal above the law?

Doesnt the law says if you defect, you vacate?

Its a shame Tanbuwal has no honor in him otherwise he should have resigned long ago.


But then, let the court decide.

Meanwhile.........GEJ till 2019, Gusau till 2023. PDP till Buhari apologize for cancelling Lagos metro rail project.

Haters can continuing hating, its their right to hate.

Section 68 (1) (g) says he could defect, provided there is a division in his party. The High Court, Sokoto has shown that a division exists in Sokoto chapter of the PDP. Have we asked ourselves why Tambuwal was not invited when the PDP reconciliatory committee visited Sokoto.

Mimiko would have no other option than to return to Labour Party if this ruling goes against Tambuwal.

KnowAll:
Mimiko would have no other option than to return to Labour Party if this ruling goes against Tambuwal.

The conditions for the executive are different from the lawmakers.
Another example,
executive has immunity, lawmakers dont.

OrlandoOwoh:

Section 68 (1) (g) says he could defect, provided there is a division in his party. The High Court, Sokoto has shown that a division exists in Sokoto chapter of the PDP. Have we asked ourselves why Tambuwal was not invited when the PDP reconciliatory committee visited Sokoto.

An Abuja high court as already established the fact that there was no division in PDP.

Why will he be invited when we all knew long ago that he was a shameless mole planted in PDP to derail the transformation agenda of this govt.

By the way, has he refunded his share of the farukgate dollars?

Please quote it and let everybody see it here, if you dont do that within 24hours you are a fool. Gbam!!!

bigass:
The constitutional provision governing a decamping governor is different from a house of rep member

KnowAll:
Mimiko would have no other option than to return to Labour Party if this ruling goes against Tambuwal.

what about Kwakwanso?

naija2dabone:


An Abuja high court as already established the fact that there was no division in PDP.

Why will he be invited when we all knew long ago that he was a shameless mole planted in PDP to derail the transformation agenda of this govt.

By the way, has he refunded his share of the farukgate dollars?

The high court in Sokoto held that there is division in Sokoto PDP. The high court in Abuja was only looking at the case of the nPDP.

yes, mr former speaker is no longer a member of the house.

OrlandoOwoh:

Section 68 (1) (g) says he could defect, provided there is a division in his party. The High Court, Sokoto has shown that a division exists in Sokoto chapter of the PDP. Have we asked ourselves why Tambuwal was not invited when the PDP reconciliatory committee visited Sokoto.

Lame, very lame!

OrlandoOwoh:

Section 68 (1) (g) says he could defect, provided there is a division in his party. The High Court, Sokoto has shown that a division exists in Sokoto chapter of the PDP. Have we asked ourselves why Tambuwal was not invited when the PDP reconciliatory committee visited Sokoto.

Just watch and learn the game. Do you really think that refusal to invite Tambuwal to the family meeting was a mistake? He was goaded to make his move now and also to create the impression that there was a 'reconciliation meeting'. When the time comes, Tambuwal's lawyers will have to prove to the court that what held in Sokoto was a reconciliation meeting and not family meeting.

It is only a foo.l that does not respect a man that has been in a particular line of business longer than him. PDP is about to strike and it is good you lay emotions apart and find out the very reason why they will always win elections.

Sunnybobo3:


Lame, very lame!

Lame ko, deaf ni.

Clueless since 1800

pdppower:
Question for PDP- Is Mimiko still the gov of Ondo? Why is it that it's when it doesn't pay them that they spew rubbish?

There's a diff between your statement above let Lp handle there case and let pdp handle there's.....Lp is not complaining why complain 4 them