"We would not resign"- 37 Defected Reps Members

 Yesterday,the 37 Peoples Democratic Party (PDP) members of the House of Representatives, who defected to the All Progressives Congress, APC, appealed Justice Adeniyi Ademola’s ruling that they illegally left the PDP for the APC and, therefore, should resign.

Describing the ruling as a miscarriage of justice, the lawmakers vowed not to vacate their seats because there is no court judgment in the House of Representatives directing them to do so.

In the appeal papers filed on their behalf by M. A. Mahmud, SAN & Co, which have been sent to Speaker Aminu Tambuwal, the applicants said the trial judge erred in law when he dismissed the appellants’ preliminary objection on grounds that the suit was not competent.

They listed particulars of error to include:

The judge did not advert his mind to provisions of Section 4 of the Nigerian Constitution; failed to reckon his mind with the provisions of Section 60 and failed to follow the decisions in the cases of Attorney General of the Federation and 22 others.

They also contended that the judge erred when he refused to hold that the first respondent does not have the locus standi to institute the suit, when he granted the reliefs of the first respondent and went further to hold that the 1st -39th respondents ought to have resigned their seats.

That the first respondent’s suit was predicated upon speculations and that the reliefs sought were not justifiable, unknown to law and do not disclose any cause of action against the appellants.

In all, the defected members mentioned seven particulars of error and sought an order setting aside the decision of the Federal High Court as well as an order allowing the appeal.

“At best, the judgment has turned law on its head and cannot stand. Our colleagues have taken steps to appeal the judgment and we are confident that justice will prevail. In the meantime, we want to assure members of the public that there is no court judgment before the House directing any member of the APC to vacate his or her seat.

“In any event, Section 68 (2) of the 1999 Constitution makes it clear that satisfactory evidence must be presented to the House before any of the provisions of S.68 (1) can become applicable.

“At the moment, the APC in the House remains strong and focused on the need to provide necessary checks and balances to the rudderlessness of the ship of state as being piloted by the ruling party in this country today.

“Nigerians, we know, cannot succumb to the shenanigans of the ruling party that has plundered this nation for 15 years. The House of Representatives remains the bastion of hope of the traumatized and pauperized Nigerians and we shall not give in to the attempt by some of our PDP colleagues in collusion with a certain judge to turn facts and law on its head to achieve some sinister ends.

“Finally for the avoidance of doubt, let me state unequivocally on behalf of our members that the import of yesterday (Monday) ruling was that our 37 members cannot participate in the removal of Principal Officers of the House. Nothing more, nothing less.

“Every other pronouncements by the judge as to the status of our 37 members of the House were mere opinion. In any event, this judgment was given in vain and in ignorance of the House rules which governs the appointment of party leaders in the parliament. It is also an attempt by the court to meddle into the internal affairs of the parliament.

“This certainly is not the import of the doctrine of judicial review. As we speak, our colleagues have appealed the vexatious ruling and we hope to get justice soon. We believe the House of Representatives will take due notice of the appeal in this case.”