The Speaker of the House of Representatives, Hon. Aminu Tambuwal, has petitioned the Chief Judge of the Federal High Court, Justice Ibrahim Auta, seeking protection in a new suit instituted against him by a PDP member of the House from Ogun State, Hon Abiodun Akinlade.
Tambuwal, who is vying for the Sokoto State governorship stool has been in turbulent waters since he pitched tent with the All Progressives Congress, APC, from his former party, the PDP.
He asked the Chief Judge to reassign a new case filed by a member of the House of Representatives, Hon. Isiaq Akinlade, who is seeking an ex-parte order to declare his seat vacant, to a neutral judge.
Tambuwal in a November 30, 2014 petition to the Chief Judge also said there were five pending suits on a similar application by Akinlade.
The petition reads in part: “My Lord, similar suits were variously instituted by various parties and are pending before the Federal High Court No. 7, presided over by Justice A.R Mohammed, in Suits No. FHC/ABJ/CS/621/2013; Between SENATOR BELLO HAYATU GWARZO & 78 ORS VS. ALHAJI BAMANGA TUKUR & 4 ORS and are at various stages of proceeding pending before Court 7, presided over by Justice A.R Mohammed, some of these cases are:
1. PEOPLES DEMOCRATIC PARTY VS. THE HOUSE OF REPRESENTATIVES & 53 ORS – Suit FHC/CS/ABJ/4/2014.
2. PEOPLES DEMOCRATIC PARTY VS. THE HOUSE OF REPRESENTATIVES – Suit FHC/CS/ABJ/57/2014.
3. PEOPLES DEMOCRATIC PARTY VS. THE PRESIDENT OF SENATE – Suit FHC/CS/ABJ/65/2014.
4. NNAMDI NWOKOCHA AHAIWE VS. THE SENATE PRESIDENT & ORS – FHC/ABJ/CS/79/2014.
5. A.G. FEDERATION VS. THE HOUSE OF REPRESENTATIVES – FHC/ABJ/CS/317/2014.
“My Lord, my apprehension is particularly in respect of the presiding Judge, Justice Chukwu, ESJ. having made a pronouncement on similar issues, in similar cases, decided by him, clearly shows that he has an iron cast judicial position or opinion in respect of Suit No. FHC/ABJ/CS/871/2014 concerning me Sir, which has just been assigned to him.
“A perusal of the new case assigned to Justice ESJ Chukwu, No. FHC/ABJ/CS/871/2014 shows that the Plaintiff is asking the Court to interpret the decisions of the Court in the two aforementioned Cases. PEOPLES DEMOCRATIC PARTY & 12 ORS VS. INEC & 4 ORS and Suit No. FHC/ABJ/CS/4/2014. In effect, to sit on Appeal over his own decision.
“My apprehension is further fortified by the fact that both decisions of Justice Chukwu and Justice Ademola as captured in the said suits are subject of Appeal in the Court of Appeal.”
Tambuwal said if Akinlade’s suit must be heard at all, it should be assigned to a new judge.
He added: “In view of the above stated facts, I humbly urge my Lord to re-assign the said Suit No. FHC/ABJ/CS/871/2014 to a neutral judge, who has not made any judicial pronouncement on the issue, or made public, his own opinion on the issue at hand”.
Comentários