The Federal High Court, Abuja Monday rejected an ex-parte application asking for an order of mandamus to compel defected House of Representative Speaker Aminu Tambuwal to vacate his seat.
An Ogun State PDP Representative Abiodun Akinlade had asked the court to sack Twmbuwal, who was elected Speaker on the ticket of the PDP because of his defection to the All Progressives Congress on October 28, 2914.
However, Justice Ahmed Mohammed of the Abuja Federal High Court, after listening to the ex-parte application moved by the plaintiff lawyer declined the request for a mandamus and instead ordered that Tambuwal and his deputy, Emeka Ihedioha, the co-defendants on notice.
In the suit, the plaintiff is seeking an order of mandamus to compel the speaker to vacate his seat.
The PDP, which is also a party to suit through its lawyer, Chief Mike Ahamba (SAN), in a motion ex parte, is challenging the defection of Tambuwal from the PDP to the APC
The plaintiff is praying the court to compel Tambuwal to vacate his membership of the House, having regard to his defection on October 28.
Justice Mohammed adjourned hearing in the matter to December 12.
In a different ruling, Justice Mohammed also stopped the chairmen of Kebbe and Tambuwal Local Government Councils in Sokoto state, Bala Konkani and Sambo Bello Modo respectively from joining as co-defendants in the suit filed by Tambuwal, challenging the removal of his security detail.
Tambuwal is also urging the court to stop the PDP members in the House from declaring his seat vacant.
The court also stopped three members of the Sokoto state house of assembly, Abdulsamad Ibrahim Dasuki (Tambuwal East constituency), Suleiman Hanse (Tambuwal West Constituency) and Shuaib Umar ( Kebbe constituency) seeking to be joined as co-defendants.
The court stopped them on grounds that their interest in the matter did not align with that of the defendants and as such could not be joined as co-defendants.