Members of the All Progressives Congress in the House of Representatives, who defected from the Peoples Democratic Party, on Friday filed a motion, asking an Abuja Federal High Court to stop the execution of its judgment against them. The court, presided by Justice Adeniyi Ademola, had in the judgment issued an order of perpetual injunction restraining the APC lawmakers from moving any motion, or voting in any proceeding, that is aimed at changing, or altering the leadership of the House.
The judgment also brought the seats of the lawmakers under threat as Justice Ademola asked them to honoroubly leave the House, as their defection did not comply with the provisions of section 68 (1) (g), which qualifies members of the National Assembly to defect and retain their seats in situations where there is division in political parties.
Acting on the judge’s advise, which was not an order as the suit filed by the PDP in the wake of the 37 lawmakers’ defection to the APC did not ask the judge to direct them to vacate their seats, members of the ruling party have made moves to sack the defected legislators from the National Assembly.
And, to forestall a possible vacation of their seats because of Justice Ademola’s decision, the APC lawmakers have filed a motion to stop the execution of the judgment, particularly the judge’s position that, having relinquished the mandate of their constituents by decamping from the PDP, which sponsored them in the 2011 elections, to the APC, they have no business in the House anymore.
In addition to the motion for stay of execution, 18 of the affected lawmakers have jointly filed an appeal against the entire decision of the Abuja FHC.
The lawmakers, who are represented by Sabastine Hon, SAN, are Hon. Abdullahi Balarabe; Abdulmumin Jibrin; Abdulahi Wamako; Aliyu Patigi; Ahmed Zerewa; Aishatu Ahmed; Aiyedun Olayinka; Alhassan Garba; Aliyu Mandaki; Aliyu Shehu and Aminu Shagari.
Others are Aminu Suleiman; Aminua Tukur; Andrew Uchendu; Asita Honourable; Bashir Babale; Blessing Usiegbe and Dakuku Peterside.
In their six grounds of appeal, the appellants told the Court of Appeal that the trial judge erred in law when, in spite of their objections and the court’s lack of jurisdiction over the subject matter of the suit, he still went ahead to determine the matter.
They also contended that the trial judge erred in law when he asked them to vacate their seats as members of the House.
The APC lawmakers equally maintained that the trial judge was biased in the entire proceedings, adding that the bias affected his perception of the suit and the ultimate decision he gave, resulting in a breach of their right to fair hearing.
The embattled lawmakers therefore asked for an order of interlocutory injunction restraining the House of Representatives, the Speaker, the Deputy Speaker and the Clerk from preventing or interfering in any way with their right to participate in any of the official, plenary or other businesses of the House of Representatives.
In the motion for stay of execution of the judgment, the defected lawmakers disclosed that already, the House of Representatives has started making moves to compel them to vacate their seats as members of the House of Representatives.
In a 22 paragraphs affidavit in support of the motion for stay, the defected lawmakers averred that they were elected by their constituents to represent them in the House of Representatives on a term of four years respectively which is still running.
They further maintained that if they cease to so represent their constituents, there will be no representation of the interest of those constituents in the House.
Also, they informed the court that the process of reviewing the1999 Constitution was in progress; and if not restrained, the respondents may stop them from participating in the process.
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