April 11, (THEWILL) – The Federal High Court (FHC)’s vacation has stalled the judgement in suits seeking to declare the seat of former Speaker, Yakubu Dogara, vacant on account of his defection from the Peoples Democratic Party (PDP), to the All Progressives Congress (APC).
The first suit, marked: FHC/ABJ/CS/883/30 and filed by Incorporated Trustees of United Global Resources for Peace Organisation Vs. Rep Yakubu Dogara and five others, was listed as number one on the cause list.
However, the second suit, marked: FHC/ABJ/CS/1060/20 filed by the Peoples Democratic Party (PDP) Vs. Rep Yakubu Dogara and four others, was on number five in today’s cause list.
But the courtroom of the Abuja division of FHC, presided over by Justice Donatus Okorowo, was empty with court registrar and other workers doing their daily activities.
The judgements could not be delivered since FHC has begun its Easter Vacation. The court began the vacation on April 8. It will end April 25.
“My lord is waiting if the Chief Judge of the court will give a fiat for the judgements to be delivered during this vacation. But as it is now, no date has been fixed and parties will be communicated as soon as another date is fixed”, one of the court workers said.
The PDP and the United Global Resources are asking the court to remove Dogara, as member representing Dass, Tafawa Balewa and Bogoro Federal Constituency of Bauchi State, over his defection to APC.
While the PDP is the plaintiff, Dogara, the speaker of the House of Representatives, the Attorney General of the Federation (AGF), Independent National Electoral Commission (INEC) and the APC are 1st to 4th defendants respectively in the second suit.
Dogara on 24 July 2020, defected from the PDP to the APC when he submitted a resignation letter to the chairman of the Bogoro ‘C’ Ward in the state.
The plaintiff, through their counsel, Jubrin Jubrin, said by virtue of Section 68(1)(g) of the Constitution, Dogara by defecting from the party that sponsored him to the ninth National Assembly before the expiration of his tenure, ought to vacate the seat as he was no longer qualified to partake in the activities of the lower house.
Justice Inyang Ekwo, a sister judge, had, on March 8, sacked Governor David Umahi of Ebonyi and his deputy, Kelechi Igwe, alongside other lawmakers, who dumped the PDP for APC, describing their action as unlawful, but the action was overruled by a verdict of an appeal court.
Justice Taiwo Taiwo, another judge in the Abuja division, had also, on March 21, ordered the 20 lawmakers from Cross River to vacate their seats following their defection from the PDP to APC.
The lawmakers are composed of two House of Representatives members and 18 states’ House of Assembly members.
Justice Taiwo, however, declined to sack Governor Ben Ayade of Cross River after the appeal court ruled that defection is not one of the constitutional provisions to sack a governor.
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