The United Global Resolve for Peace Organisation, a Non-Governmental Organisation, has dragged to court the former Speaker of the House of Representatives, Yakubu Dogara, seeking that his seat be declared vacant following his defection to the All Progressives Congress.
Dogara had tendered his resignation letter to the Peoples Democratic Party Chairman in Bogoro ‘C’ Ward in Bogoro Local Government Area, Bauchi State on July 24, 2020.
Dogara had said his resignation from PDP was to continue the fight to install a decent and egalitarian government in the state.
But the group in an originating summons, marked: FHC/ABJ/CS/883/2020, filed by its counsel, Michael Okejimi & Co. Law Empire, and obtained by NAN on Wednesday, sought an order of the court directing Dogara to vacate his seat.
The group prayed the court to also restrain the 4th defendant or any other person acting in that office from further recognising the 1st Defendant as member of the House of Representatives.
The six defendants in the suit are: former Speaker Dogara, PDP, APC, Speaker of the House of Representatives, Independent National Electoral Commission and Attorney General of the Federation.
Pelumi Olajengbesi, another lawyer for the plaintiff, in an affidavit in support of the originating summons argued that there was a public duty on the 1st defendant to vacate his seat at the House of Representatives given the instant circumstances.
He averred: “The 1st defendant having relinquished his membership of the 2nd defendant via his letter of resignation and joined the 3rd defendant is legally mandated by the 1999 (as amended) Constitution to vacate his seat as a member of the House of Representatives.
“The 1st defendant’s defection from the 2nd defendant political party to the 3rd defendant political party without any division within the national structure of the 2nd Defendant political party has deprived the 1st defendant of the vires to continue to occupy his seat.
“The Application to the Honourable Court is to ensure the observance of the law and the preservation of the political public morality of the country.
“It is the Plaintiff’s belief that there has been an infraction/breach of the provision of the constitution of the Federal Republic of Nigeria, 1999 (as amended) by the 1st defendant, and that no one is above the law.”
No date has been fixed by the court for hearing on the matter.