Court Gives Saraki, Dogara, Akpabio, Others 5 Days To Respond To Suit Challenging Their Defection

Court Gives Saraki,
Dogara, Akpabio, Others
5 Days To Respond To
Suit Challenging Their
Defection
April 13, 2019
A Federal High Court sitting in
Abuja has given Senate President
Bukola Saraki and the Speaker of
House of Representatives, Yakubu
Dogara five days ultimatum to
respond to suit asking them to
vacate their seats following their
defection from the All Progressives
Congress, APC, to the Peoples
Democratic Party, PDP.
Justice Okon Abang on Friday also
directed 18 senators, 36 House of
Representatives members, the
Attorney General of the Federation,
INEC, Deputy Senate President Ike
Ekweremadu and Deputy Speaker
Yusuf Lasun to file and serve others
their papers before April 18, when
the suit is set for hearing.
Justice Abang, however, ruled that
counsel to the Senators Mahmud
Magaji (SAN) would not be allowed
to file any defence to the matter
before the court.
The judge held that since he only
filed an application for conditional
appearance in the matter, without
seeking leave of court to file a
response out of time, the court
cannot grant what was not requested
it under Order 26 Rule 1 of the
Federal High Court Rules, adding
that the court is not a Father
Christmas.
“The court of law cannot grant a
party any relief not sought, I so hold.
What the 2nd to 18th and 57th
defendants counsel sought for is just
for a memorandum of conditional
appearance, no more, no less, I so
hold,” he said.
LEDAP filed the suit in September
2018 seeking an interpretation of
Section 68(1)(g) of the 1999
Constitution.
Recall the suit against the federal
lawmakers who defected from their
respective political parties was set
for judgment on yesterday when the
lawmakers appeared in court
seeking to be granted fair hearing
in the matter.
Senators Saraki, Godswill Akpabio,
Musa Kwankwaso, Shaaba Lafiagi,
and Rep Dogara among others
defected to other political parties in
the build-up to the 2019 general
elections.




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