A Federal High Court order in Abuja has asked the 37 lawmakers who defected from the People’s Democratic Party, PDP to the All Progressives Congress, APC, to resign their positions as members of the National Assembly.
In what seems to be a twist in the on-going drama in the House of Representatives, the court, on Monday, also granted a perpetual injunction restraining the defecting lawmakers from effecting any leadership change in the lower House.
Justice Adeniyi Ademola told the lawmakers that they were no longer competent to vote or contribute to any proceedings in the House of Representatives.
In other words, the lawmakers, according to the judgment of Justice Ademola no longer have any business, morally and legally to remain in the House.
He said, “Having perused the arguments of counsel and the constitutional provisions, it is clear and unambiguous that the defendants were sponsored by the PDP and won the election on its platform. It is also the court’s opinion that their tenure has not expired and there is no division in the PDP.”
The lawmakers, while defecting in December 2013 had said that they were joining the APC due to “division and factionalisation” within the ruling party.
They also said that their defection to the APC was in obedience to section 68, subsection 1G of the constitution.
It has been argued, however, that the Nigerian Constitution stipulates that a lawmaker can only defect to another party without losing his seat if there is adequate proof that the political party he is moving from is in crisis that must have divided the party.
Justice Ademola, in his judgement, lambasted the lawmakers and advised them to resign honorably as House members.
