A fighting broke out today at the House of Reps after eight
prospective members who had been declared election winners last week by
the Court of Appeal, were expelled from the chamber as they tried to
forcefully reclaim their seats.
The leadership of the
House of Reps stated the eight prospective members - all members of the
defunct Congress for Progressive Change (CPP) and now All Progressive Congress (APC) - can only be given the mandate if the Supreme Court decides on the matter.
The
fight was quickly brought under control, but some lawmakers still
managed to tackle the 'freshmen'. The latter wee then evicted.
One member of the group that won at the court, Murktar Dan-Dutse,
called the move a "conspiracy" to buy time, as the decision of the
court, being "declaratory" cannot be delayed while an appeal - in this
case to the Supreme Court - is filed.
The journey to the National Assembly
The
eight lawmakers and two others at the senate were first declared
winners of the 2011 election and sworn into the two chambers. Following a
Supreme Court ruling December 2011, their Certificates of Return, were
withdrawn by the Independent National Electoral Commission (INEC), in
favor of those currently occupying the seat.
They current
occupants are Senators Abubakar Yar’adua and Hadi Sirika, House of Reps
members Ahmed Babba Kaita, Salisu Salisco, Umar Abubakar, Salisu Daura,
Isa Doro, Sani Mashi, Abbas Machika and Mansur Funtua.
Those
sacked in 2011, and declared winners last week by the Court of Appeal
are, Senators Abdu Umar Yandoma and Ahmad Sani Stores; House of Reps
members, Murtala Isa, Muntari Dandutse, Musa Salisu, Aminu Ashiru and
Umar Adamu Katsayal, Muhammad Tukur, Tasi’u Doguro, and Abdu Dankama.
After
the 2011 INEC decision sacking, they challenged the decision at a High
Court which ruled that the Commission misinterpreted the judgment of the
Supreme Court.
The court in January 2013 overturned INEC’s
decision and ordered that they be reinstated. But that ruling was not
effected as the second set of lawmakers appealed against the ruling. In its ruling on last Friday, a Court of Appeal affirmed the judgement of the Federal High Court in Abuja.
The
court also said the leadership of the National Assembly acted in error
by accepting to swear-in the second set of lawmakers to replace the old
ones after INEC issued to them Certificate of Returns.
Justice Jimmy Bada,
who led four other judges to hear the appeal, said that the High Court
was right to have dismissed the objection raised by the lawmakers
currently in the National Assembly.
The lawyer representing the lawmakers who have been ordered to vacate their seats, John Baiyeeshea,
said the appeal, which raised four issues for the court’s
determination, was not a pre-election matter and as such the federal
high court had no jurisdiction to hear and make a pronouncement on it.
He
argued that the issuance of Certificates of Return and alleged
withdrawal of the certificate are post-election matters, and begged the
court to annul the judgement of the high court.
The Appeal Court rejected his claims.
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