FG to Tambuwal: “You are no longer a member of the House of Reps“

In a swift response to the suit filed by Aminu Tambuwal, the Federal Government has on Wednesday, November 5 2014 filed a Counter Affidavit and Written Address.

In the written arguments filed by FG’s legal team, Dr Fabian Ajogwu SAN and Mr Ade Okeaya-Inneh SAN on Wednesday, November 5, 2014, the Federal Government is asking the Court to first determine the status of Tambuwal who voluntarily vacated his membership seat of the House of Representatives. They are asking the Court to determine if indeed Tambuwal was still a member of the House and if vacated his membership seat, he could still be talking of being the Speaker. They also argue that this is a case that should be determined on its merits and not by interlocutory injunction on reliefs that are essentially the substance of the case. 

Citing Section 215 (5) of the 1999 Constitution as amended, the Federal Government through its Counsel asked the Court to turn down Tambuwal’s prayer for a mandatory injunction on the IGP to restore

Tambuwal’s security detail as the Courts constitutionally lack the powers to do so. It is also the Federal Government’s contention that the issue of security details is neither a constitutional nor statutory right but a mere privilege, at the discretion of the IGP.

On Tambuwal’s prayer for an Order restraining the House of Representatives from removing him, Learned Counsel to the Federal Government argued that such a relief was not grantable as an Injunction cannot be sought and granted for a completed act. Citing the Supreme Court in Alegbe V. Oloyo, the FG contends that by defecting from the PDP to the APC, Tambuwal had already automatically vacated his seat and therefore, there was no need for anyone to do anything more as there was nothing to impeach or remove. They urge the Court to determine the matter on the merits since Tambuwal’s transformation from a Speaker to a non-member of the House had become the main issue to be determined by the Court.

The Court had adjourned the matter to Friday, November 7, 2014 after declining Tambuwal’s application for exparte injunction but ordering that the status quo be maintained at least until Friday Nov 7.