Defection: Court Strikes Out Suit Against Hon Lawal Muhammadu Idirisu
A Federal High Court sitting in Abuja, has struck out a suit against the Former House of Representatives Member, Ajaokuta Federal Constituency, Hon Lawal Muhammadu Idirisu (Ajaokuta Federal Constituency)
The Federal High court today struck out the suit seeking to declare his defection from the APC to the NNPP.
Below is the summary of the judgment.
The Federal High court sitting at the Federal Capital Territory today being the 6th of December, 2023 delivered judgment in a suit between;
ALL PROGRESSIVE CONGRESS
V.
1.)NEW NIGERIAN PEOPLES PARTY( NNPP)
2.) THE SPEAKER HOUSE OF REPRESENTATIVES
3.) INDEPENDENT NATIONAL ELECTORAL COMMISSION( INEC)
4.) HON. LAWAL MUHAMMADU IDIRISU
The Plaintiff through an originating Summons approached the Federal High Court seeking the declaration that the 4th Defendant is deemed to have lost his seat in the house of Representatives having defected from APC on whose platform the 4th defendant was elected into the House of Representatives of the Federal Republic of Nigeria to NNPP
2.) A declaration that the seat of Ajaokuta Federal Constituency being occupied by the 4th defendant has become vacant upon the 4th defendant defecting to the NNPP to further his political career.
3.)An Order of Mandatory Injunction compelling the 3rd defendant to accept from the Plaintiff the name of its candidate for the purpose of filling the vacancy created by the defection of the 4th defendant from the House of Representatives by becoming a member of NNPP
Or
Alternatively an Order directing the INEC to conduct fresh elections within 90 days in Ajaokuta Federal Constituency to refill the vacant seat of the 4th defendant for the unexpired Constitutional term of office by operation of Section 68(1) (g) of the 1999 Constitution (as amended).
4.) An Order directing the 4th defendant to refund to the House of Representatives all the salaries, emoluments, Constituency allowances and other allowances paid to him from 13th May, 2022 until the date of vacating his seat as a member, House of Representatives
5.) An Order directing the Nigeria Police Force to arrest the 4th defendant forthwith and prosecute him for illegally attending or participating in the House of Representatives business actives and parading himself as the Honourable member representing Ajaokuta Federal Constituency.
The Defendants upon being served with the Originating Summons filed notices of Preliminary Objection challenging the jurisdiction of the court to entertain the suit on the ground that the Plaintiff failed to comply with the strict provisions of Section 68(2) of the 1999 Constitution of the Federal Republic of Nigeria amongst other grounds.
The court in line with the Federal High court rules considered the Originating Summons and the 1st, 3rd and 4th Defendants notices of Preliminary Objection as they were all adopted on the same day and Adjourn for judgment.
The court in its ruling held that the Plaintiff failed to comply with the strict provisions of Section 68 (2) of the 1999 Constitution of the Federal Republic of Nigeria (as Amended) which has laid down a condition precedent to be followed in a case where a member of House of Representatives is alleged to have been defected to another political party.
The court further upheld the 1st, 3rd and 4th defendants preliminary objections and struck out the Plaintiff’s suit for the failure to abide and follow the condition precedent provided under Section 68(2) of the 1999 Constitution.
The court also awarded the cost of N100,000.00 each in favour of all the defendants against the Plaintiff.
Mustapha Shabba Ibrahim SAN. Counsel To Hon Lawal Muhammadu Idirisu.