An epic legal battle will begin on January 27 between five All Progressives Congress (APC) governors and the Peoples Democratic Party (PDP) over their constitutional right to defect from the party on which platform they were elected.
The governors have raised a 10-man legal team to defend their right to political association.
Mr. Justice Gabriel Kolawole of the Federal High Court, Abuja division, fixed the date for the hearing of the PDP’s application seeking to declare the governors’ seats vacant.
Governors Rotimi Amaechi (Rivers), Rabiu Kwankwaso (Kano), Aliyu Wamakko (Sokoto), Murtala Nyako (Adamawa) and Abdulfatah Ahmed (Kwara) defected last month after a protracted crisis in the PDP. The governors and the leadership of the PDP, led by Alhaji Bamanga Tukur, disagreed over the running of the party. The schism led to the split in the party, with the emergence of the New PDP, led by Alhaji Kawu Baraje.
Apart from the governors, other PDP leaders, such as former Vice President Atiku Abubakar, Senator Bukola Saraki, Dr. Sam Sam Jaja, Prince Olagunsoye Oyinlola, among others, joined the New PDP. Many of these leaders joined the governors to move over to the APC.
The PDP, however, urged the court to declare vacant the governors’ seats, following their defection.
The APC governors’ legal team is being coordinated by Mr. Lateef Fagbemi (SAN).
Others in the defence team are Chief Adegboyega Awomolo (SAN); Yusuf Ali (SAN); John Bayeshea (SAN); Ahmed Raji (SAN) and the Attorneys-General of the five states.
More legal giants are expected to join the team.
One lawyer confirmed last night the January 27 hearing notice. He said: “The PDP is just playing to the gallery; we are battle ready for them. I can tell you that they cannot go far because this is a case with precedent.
“When ex-Governor Mahmud Shinkafi defected from the defunct All Nigeria Peoples Party (ANPP) to the PDP, there was a judgment in his favour by the same Federal High Court.
“In line with its respect for the Judiciary, the ANPP did not go to the Court of Appeal. But since the PDP believes that might is right, they are banking on incumbency factor to embark on a wild goose chase.
“What of the case of ex-Vice-President Atiku Abubakar, who defected to the former Action Congress (AC) to contest the presidential election in 2007? Did the PDP not go to court to stop him? Atiku won.
“Since they want to hunt in legal wilderness, the five governors will give them a fight for their money and influence.
“They are only seeking to intimidate the five governors who have decided to pitch tent with the desire for change.”
The National Publicity Secretary of the PDP, Chief Olisa Metuh, said yesterday: “We are in court to test the law because the five governors had no basis for their defection. Our party is not in crisis.
“We are a law-abiding party, we believe their defection has raised a constitutional issue and we have gone to court.
“We have not made noise about the suit; we want the Judiciary to decide whether it was right or wrong for the governors to have defected.”
Asked why PDP was crying out when it had received defecting governors from other parties in the past, Metuh added: “Those parties did not test the law at that time. It is not our fault for any party to have slept on its right. We are not to defend that.
“We know that we are not in crisis. The governors should not have left the PDP.”
The party is seeking a declaration or an order of the court on the the Houses of Assembly of the affected states to remove the governors.
The party is seeking a declaration that:
• by the combined provisions of Section 177(c), 221 and 222(c) of the 1999 Constitution (as amended), the 2nd – 6th defendants who were elected on the platform of the plaintiff cannot continue to enjoy the mandate given to the plaintiff by the people/electorate of the states as the 2nd – 6th defendants have defected to the APC;
•in the absence of any division known and recognised by law in the plaintiff, the 2nd – 6th defendants who were elected under the plaintiff’s platform have vacated or forfeited their seats forthwith upon their defection to APC;
• having combined provisions of Section 87 of the Electoral Act 2011 (as amended), Sections 177(c), 221 and 222(c) of the Constitution (as amended) the 2nd – 6th defendants’ defection from the plaintiff to the APC, the offices of the 2nd – 6th defendants have reverted to the plaintiff;
• by combined provisions of Sections 177(c), 221 and 222(c) of the Constitution upon the defection of the 2nd – 6th defendants from the plaintiff to the APC, the mandate reverts to the deputy governor or speaker of the Houses of Assembly of the states or any officer next in rank who is still a member of the plaintiff to function and assume the office of the governor of the states in question; and
•a declaration that by the combined provisions of Sections 177(c), 221 and 222(c) of the Constitution the act of defection by the 2nd – 6th defendants from the PDP under whose platform they were elected to APC amounts to gross misconduct. Click to signup for FREE news updates, latest information and hottest gists everyday
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