THE 37 Peoples Democratic Party
(PDP) members of the House of Representatives, who defected to the All
Progressives Congress, APC, yesterday, 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.
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