Defection: Tambuwal asks judge to hands off suit

Speaker of the House of Representatives, Aminu Tambuwal, has petitioned the Chief Judge of the Federal High Court, Justice Ibrahim Auta, to re-assign a suit seeking his removal for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Evoh Chukwu was assigned to hear the suit filed by Abiodun Akinlade against Tambuwal, the House of Representatives, the Federal Republic of Nigeria and the Independent National Electoral Commission (INEC).

But in a letter to Justice Auta, the speaker said he was not sure of Justice Chukwu doing justice in the matter.
The trial judge, he said, had decided in similar cases in the past showing he had an iron-cast judicial position on defectors.

In the letter dated November 30 and personally signed by him, Tambuwal said the decisions of Justice Chukwu and Justice Ademola in Peoples Democratic Party and 12 Ors Vs. INEC and Suit No: FHC/ABJ/CS/4/2014 were subject of appeal at the Court of Appeal. Allowing Justice Chukwu hear the suit against him, the speaker said, would amount to the judge sitting on appeal over his own judgement


“My attention has been drawn to the above suit, which has been assigned to Court 8, presided over by Justice ESJ Chukwu, and we wish to make the following observations: Sometime in 2013, the said presiding judge, Justice ESJ Chukwu presided over the case of Peoples Democratic Party & 12 Ors Vs. INEC & 4 Ors, wherein he made a judicial pronouncement, which has been interpreted by some, to the effect that there was no division in Peoples Democratic Party. The above decision of Justice Chukwu, ESJ was heavily relied upon and cited severally in the case of Peoples Democratic Party Vs. (1) House Of Representatives; (2) The Speaker Of The House Of Representatives & 52 Ors, Suit No. FHC/ABJ/CS/4/2014.

“Consequently, Justice A.F.A Ademola, relying on the said judgement of his brother, Justice Chukwu, ESJ, even though the said suit before him had nothing to do with defection, ruled that there was no division within the Peoples Democratic Party. And as such, the defendants in that case, who are members of the House of Representatives, who have similar cases as mine, currently pending in the Federal High Court, Abuja, were not protected by proviso to Section 68(1) (g) of the 1999 Constitution. He rested his decision on that earlier judgement of Justice Chukwu aforementioned.

“My Lord, similar suits were variously instituted by various parties and are pending before the Federal High Court No. 7, presided over by Justice A.R. Mohammed in suits No. FHC/ABJ/CS/621/2013 between Senator Bello Hayatu Gwarzo & 78 Ors Vs. Alhaji Bamanga Tukur & 4 Ors and are at various stages of proceeding pending before Court 7, presided over by Justice A. R. Mohammed
“My apprehension is particularly in respect of the presiding judge, Justice Chukwu, ESJ. Having made a pronouncement on similar issues, in similar cases, decided by him, clearly shows that he has an iron-cast judicial position or opinion in respect of Suit No FHC/ABJ/CS/871/2014 concerning me, Sir, which has just been assigned to him.

“A perusal of the new case assigned to Justice ESJ Chukwu, No. FHC/ABJ/CS/871/2014 shows that the plaintiff is asking the court to interpret the decisions of the court in the two aforementioned cases. Peoples Democratic Party & 12 Ors Vs. INEC & 4 Ors and Suit No. FHC/ABJ/CS/4/2014. In effect, to sit on appeal over his own decision.
My apprehension is further fortified by the fact that both decisions of Justice Chukwu and Justice Ademola as captured in the said suits are subject of appeal in the Court of Appeal,” the letter read in part.