Non-recognition of Speaker: Tambuwal wants IG jailed for contempt Speaker Aminu Tambuwal of the House of Representatives wants Inspector General of Police Suleiman Abba committed to prison for failing to recognise him (Tambuwal) as speaker. Tambuwal filed a motion to this effect at the Federal High Court, Abuja on Thursday in reaction to the IGP’s stance during his recent appearance before the House of Representatives Committee on Police Affairs. Abba had been summoned by the committee to explain the action of his men during their recent attack on National Assembly during which Tambuwal and many other Reps were physically prevented by armed policemen from entering the chambers of NASS. Tambuwal in his motion ex-parte, said that Abba’s refusal to recognise him as Speaker when he appeared before the House Committee on November 26 was a violation of the order made by the court on November 7, directing parties in the suit he (Tambuwal) filed, to maintain the status quo. Plaintiff wants the court to direct Abba to appear “in person and show cause why he should not be committed to prison for contempt of the order of this court ordering maintenance of status quo on November 7, 2014 and/or for acting in manners and ways which showed disrespect to the court.” After Tambuwal’s counsel, Lateef Fagbemi (SAN), leading eight Senior Advocates and 69 other lawyers, moved the motion before Justice Ahmed Mohammed, the judge directed that it was fair that Abba be heard on the issue raised in the motion. He said even President Jonathan has continued to recognise and address Tambuwal in official correspondence as “Honourable Speaker,” in obedience to the court’s order of November 7. He displayed copies of such letters from the President. Justice Mohammed said since Abba was represented by a lawyer in the substantive case, it was fair that he should be put on notice in relation to the allegation that he disobeyed a subsisting order of the court. The judge, relying on the provision of Order 26 Rule 10 of the court’s Civil Procedure Rules 2009, ordered that Tambuwal converted the ex-parte motion to motion on notice and directed that Abba be served with the mtion. He hinged his decision on the fact that the IGP was not only represented in the main suit, he has joined issues with the plaintiff on the substantive suit. The judge ordered that the motion and his order be served on Abba before the next date and adjourned to December 3 for hearing of the mtion. Tambuwal hinged his fresh motion on 15 grounds. These include that Abba acted in ways that showed that he had no regard for the court. He stated that despite his (Abba’s) lawyer’s undertaking that his client would not do anything to tamper with the res (subject of litigation) in the main suit, the IGP, who is also a lawyer, has refused to obey the court’s order. The Speaker cited other instances where the IGP allegedly violated the court’s order to include when he sent some armed policemen to barricade the entrance of the National Assembly, thereby denying him access to his office. He also referred to the incident of November 26 when Abba reportedly refused to recognise Tambuwal as the Speaker on the ground that the issue of his official status was in court. The judge also took argument from parties in the case in respect of two applications filed by some individuals, seeking to be made defendants in the suit. Israel Olorundare (SAN) and Moyosore Oniggbanjo (SAN) moved both joinder applications dated 11 and 12 November. The application moved by Olorundare was filed for the Chairmen of Kebbe and Tambuwal Local Government Areas (Sokoto) – Bala Konkani, and Sambo Modo by Olorundare, while the one moved by Onigbanjo was by three members of the Sokoto State House of Assembly – Abdussamad Dasuki, Suleiman Hantsi, and Shuaibu Umar, representing Tambuwal East, Tambuwal West and Kebbe constituencies. The applicants, who are opposed to Tambuwal’s removal as Speaker and member of the House of Representatives, arguing that removing him would deprive them of representation in the House of Representatives. While all the defendants in the suit including the People’s Democratic Party (PDP) and its National Chairman, Adamu Mua’zu did not oppose the applications, Tambuwal objected to their being made party in his suit. Fagbemi told the court that his client was opposed to the granting of the applications for joinder because he was satisfied with those he sued and against those he was seeking certain reliefs. The judge fixed ruling on the joinder applications for December 1. The Speaker is, in the main suit, challenging alleged unlawful conduct by the PDP and Nigeria Police Force in a move to reconvene the sitting of the House of Reps and the withdrawal of his security aides.
Posted on: Sat, 29 Nov 2014 10:18:13 +0000
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