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The Abuja Division of the Federal High Court,
Friday, declined to halt moves by the Peoples Democratic Party, PDP, to
declare the seats of all the fifty-one lawmakers that defected to the
All Progressives Congress, APC, vacant.
However, before striking out the suit
that was filed before it by the lawmakers, Justice Ahmed Mohammed,
stressed that in line with section 68(1) (g) of the 1999 Constitution,
as amended, only the Senate President and Speaker of the House of Representatives, have the statutory powers to sack the plaintiffs from office.
Justice Mohammed delivered the judgment after he dismissed a fresh motion by the APC lawmakers, asking the high court to suspend its verdict sine-die (indefinitely), and await the outcome of a referral application they filed before the Appeal Court in Abuja.
The lawmakers had insisted that in view of section 295(2) of the
constitution, the high court, ought to allow the appellate court to give
a clearer interpretation of section 68 (1) (g) of the constitution
which bothers on the issue of defection.
Dismissing their application as unmeritorious, Justice Mohammed,
accused the lawmakers of deliberately attempting to ‘arrest’ his
judgment six months after hearing was concluded on the matter.
Details later
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