Court refuses to hear suit seeking Tambuwal’s removal

Justice Ibrahim Buba of a Federal High Court sitting in Lagos on Monday refused to assume jurisdiction over a suit seeking to stop the House of Representatives from holding a plenary towards the execution of impeachment moves against President Goodluck Jonathan.

The suit also sought an order restraining Aminu Tambuwal from carrying on as the Speaker of the House of Representatives. But Buba refused to entertain the suit on the grounds that it fell short of the provisions of Order 2 Rule 2 of the Federal High Court Rules on jurisdiction.

Two lawyers namely, Anthony Nwajiugo and Okechukwu Ebirim, filed the suit marked FHC/L/CS/1863/14. In it, they sought a declaration that the House of Representatives, as presently constituted with Tambuwal as the Speaker, was subversive of the 1999 Constitution, as amended.

They sought a declaration “that the House of Representatives as presently constituted cannot embark on any legislative business, including the adjournment of plenary sessions on the impeachment of the President of the Federal Republic of Nigeria, being improperly constituted; and

“A declaration that Hon. Aminu Waziri Tambuwal of Kebbe/Tambuwal Federal constituency of Sokoto State cannot remain and by his action, lost the competence to remain the Speaker of the House of Representatives of the National Assembly of the Federal Republic of Nigeria of Nigeria.”

But on Monday when the second plaintiff, Ebirim, appeared before Buba, the judge asked why the plaintiffs did not go to Abuja to file the suit, since the defendants carry out their statutory duties in Abuja.

“Give me reasons why I should sit in Lagos and say the House of Representatives should not sit in Abuja. You have not served them in Abuja; you have served them in Lagos. Can we constitute our own jurisdiction?”

“The two plaintiffs are lawyers, why are they afraid to go to Abuja? Does the National of Assembly carry out its business in Lagos?”

Buba dismissed the argument from their response and held, “This case is wrongly constituted in Lagos. The case shall be transferred to Abuja. The plaintiffs shall approach the Chief Judge of this court for a date for hearing.”  ...Punch