Defection: APC asks CJN to sanction judge

 

The All Progressives Congress on Tuesday asked the Chief Justice of Nigeria, Justice Aloma Mukhtar, to sanction Justice Adeniyi Ademola of the Federal High Court, Abuja  for engaging in mischief capable of bringing the  Bench into disrepute.

The party accused Ademola of going beyond “the reliefs” sought by the ruling  Peoples Democratic  Party  in its suit by restraining  its lawmakers  from engaging in any act that could lead to a change of leadership in  the House of Representatives.

It, however, said in a statement by its Interim National Publicity Secretary, Alhaji Lai Mohammed, that  it was wrong for anyone  to insinuate that Ademola  ordered   its lawmakers who defected from the   Peoples Democratic Party to vacate their seats in the House.

According to the party,  the judge lacked the competence to  deliver such a verdict since the issue of whether or not the lawmakers  could  defect was not before him.

The  party  said it would  appeal the ruling  since Ademola’s perpetual injunction  was  not only unconstitutional, but also defeated  the very purpose for which the legislators were elected into the House.

“Justice Ademola’s unsolicited comments were clearly gregarious, unnecessary, and superfluous and have no foundation in law or fact, hence should be ignored,” it advised.

The statement partly reads,“APC asked the CJN  to act urgently to sanction Justice Ademola for engaging in mischief that could bring the Bench into disrepute.

“If this case had been issued a day later than Monday, we would have said the judge was caught in the web of April fool. Alas, he indeed made the ruling on Monday, hence the need for us to take it very seriously for several reasons.

“Firstly, the question whether the House of Representatives members should vacate their seats was not a question before Justice Ademola for determination.

“The only question for him to determine was whether the APC members, with their numerical strength at that time, had the right to change the House leadership such as the Majority Leader, Chief Whip and their deputies. So, Justice Ademola had no business commenting on seats being vacated.”

The APC also said it was  highly unprofessional and unethical for a judge to delve into a matter that  was  subjudice in another court.

It  stated that the question of seats being vacated or otherwise was  being heard by Justice Ahmed Mohammed of the same  Federal High Court in Abuja, who on  March 29,  2014, said the issue was still   before him and was  not ripe for judgment.

The APC recalled that it had on December  14, 2013 warned against any attempt by the PDP and the Presidency to turn back the hands of the clock as far as the cleaning up of the Judiciary  was concerned, by inducing a   disreputable judge to do its bidding.

The party urged its supporters not to panic as the judgment was clearly intended to cause mischief, adding that the plan by the PDP and the Presidency had  fallen like a pack of cards.

Also in Abuja, the Minority Whip of the House, Mr. Sampson Osagie, accused Ademola of taking sides with the PDP-led Federal Government in delivering the judgment.

Osagie, who led members of the APC caucus  to a news conference  shortly after the House rose on Tuesday, also accused the judge of    overstepping  his bounds by “injecting opinions” not sought in the originating suit .

He  recalled that all that the PDP sought in the case was to restrain the lawmakers from effecting a change in the leadership of the House.

He noted that the PDP had hinged the prayer on the fear that by APC’s growing numerical strength in the House, its  lawmakers  could change the leadership of the House.

The lawmaker  argued that the judge’s action had made Nigerians to give several interpretations to the verdict.

“The only import of the judgment is that the defected lawmakers  cannot participate in the removal of the leadership of the House. There is nothing more to it; the judge was not called to offer any other personal opinion,” Osagie added.

He said,  “Our colleagues have appealed the judgment, a copy of which has been served on the House.”

The  legislator described the development as an act of “desperation” by the PDP to cling on to power in the face of the opposition by the APC.

“What we are experiencing is the high-handedness of a ruling PDP government that is desperate to hang on to power”, he said.

He assured Nigerians that the APC would remain focused in the face of the alleged manipulation by the PDP to hold on to power.

The PDP caucus remained calm on Tuesday, contrary to expectations that its  members would raise the matter on the floor.

The session started and ended without a mention of the court judgment.

The only noticeable reaction on the floor was that the PDP members were seen jeering jokingly at some of the  defected  lawmakers, urging them to “return home.”

The APC members were heard responding, “no shaking”, “no going back”, “APC for life” and “forget the  PDP.”

Culled PUNCH