Court withholds judgment in suit against defection of Saraki, Dogara, 52 others

A Federal High Court in Abuja has withheld its judgment earlier scheduled to be delivered on Thursday in a suit challenging the propriety of the defection of Senate President, Bukola Saraki, House of Representatives’ Speaker, Yakubu Dogara and 52 other members of the National Assembly from their former political parties.

Justice Okon Abang’s decision not to deliver the judgment on Thursday, in the suit filed by a group, the Legal Defence and Assistance Project (LEDAP) was informed by request from lawyer to the lawmakers, who pleaded for opportunity for their clients to be heard in the case in spirit of fair hearing.

For about five hours, plaintiff’s lawyer, Ede Uko and lawyer to the defendants (lawmakers), Mahmud Magaji (SAN) were locked in hot argument on whether or not the court should proceed to deliver its scheduled judgment or afford the defendant the opportunity of being heard.

In a ruling, Justice Abang expressed displeasure at the legislators’ conduct in refusing to participate in the proceedings from inception, and failing to file their defence in the suit despite being served with the plaintiff’s originating processes and the court’s hearing notices.

Justice Abang, who commended Uko for effectively countered the legislators’ efforts to frustrate the proceedings, however, noted that the court could not close its eyes to the processes filed by the defendants.

She added that: “The right to be heard is a fundamental right.”

He adjourned to Friday for the hearing of the defendants’ motion for extension of time within which to file their defence and any other processes filed.

In the substantive suit, marked FHC/ABJ/CS/996/2018 and filed on September 14, 2018, the plaintiff prayed the court to compel the affected legislators to, not only vacate their seats in the National Assembly, but also refund all allowances and remuneration they received since their defection.

LEDAP equally prayed for an order compelling the Independent National Electoral Commission (INEC) to conduct by-elections in the constituencies of the defecting lawmakers.

It is LEDAP’s contention that by Section 68 (1) (g) of the Constitution “any member of the National Assembly, who resigns from the political party that sponsored his election into the National Assembly, before the expiration of the term for which he was elected, automatically loses his seat in the Assembly, unless saved by the exception under that section.”

LEDAP cited a Supreme Court’s decision in the case of Hon. Ifedayo Abegunde v. The Ondo State House of Assembly and argued that the only justification for members of the National Assembly to lawfully defect from their parties lies in the existence of a division in their parties or a merger between their parties and others.

The affected lawmakers listed in the suit were 17 senators and 37 members of the House of Representatives, who defected from the parties, on which platforms they rode to the Legislature.

They include Saraki, and Dogara, who defected from the All Progressives Congress (APC) to the People’s Democratic Party (PDP) and Godswill Akpabio, who left the PDP for the APC. Others also left either APC and PDP for other parties.

Other than Saraki and Dogara, some Senators also affected by the suit include Senators Godswill Akpabio, Dino Melaye, Shehu Sani, Rabiu Kwawanso, Barnabas Gemade and Lanre Tejuosho.

Beside the 54 lawmakers, the plaintiff also listed the Attorney-General of the Federation (AGF), INEC, the Deputy Senate President, Ike Ekweremadu, and the Deputy Speaker of the House of Representatives as defendants.