By Ikechukwu Nnochiri, Abuja

The Federal High Court sitting in Abuja, yesterday, fixed hearing in the suit filed by the Peoples Democratic Party, PDP, against the Speaker of the House of Representatives, Aminu Tambuwal for January 19, 2015.

Tambuwal and Goodluck Jonathan

Cited as respondents in the matter were the office of the Speaker of the House of Reps, Tambuwal himself and Ihedioha, as 1st to third respondents, respectively.

The party is praying the court to compel Tambuwal to declare himself as unfit to represent Kebbe/Tambuwal Federal Constituency in view of his defection to the All Progressives Congress, APC.

Alternatively, PDP urged the court to compel the Deputy Speaker of the House of Reps, Chief Emeka Ihedioha to declare Tambuwal’s seat vacant, in line with the provisions of Sections 68(1) (g) of the 1999 Constitution, as amended.

According to the PDP, Tambuwal, having defected from the party that sponsored his election into the House of Representatives, ought to vacate his seat.

Moving the motion ex-parte for an order of Mandamus and injunction against Tambuwal on the last adjourned date, counsel to the PDP, Chief Mike Ahamba, SAN, insisted that under Section 68(2) of the 1999 Constitution, it was mandatory for the Speaker to declare vacant, the Kebbe/ Tambuwal seat considering that he had defected from the party that sponsored him to the legislative house.

The party specifically asked the court   for anorder of mandamus compelling the first respondent to give effect to the provisions of Sections 68(1) (g) of the constitution (as amended) by declaring the Kebbe/Tambuwal Federal Constituency seat vacant as required under section 68(2) of the 1999 Constitution.

Although hearing was earlier scheduled to begin on the matter yesterday, it could not go on following an application by both Tambuwal and the House of Reps, who sought time to file their responses to the case.

Tambuwal’s counsel, Mr Mahmoud Magaji, SAN, and that of the House, Mr Jibril Okutepa, SA N, told the court that Ahamba only served them the court papers on December 9.

Owing to their applications, Justice Ahmed Mohammed adjourned the matter till next year for hearing.

PDP is among other things, seeking an order of injunction restraining the second respondent from performing or continuing to perform the functions of the Speaker of the House of Representatives, or sitting or continuing to sit in the House as a member consequent upon the order of mandamus.