Defection: Court dismisses suit seeking Kaduna lawmaker’s sack

A Federal High Court sitting in Abuja, on Tuesday dismissed a suit seeking to sack the member representing Igabi Federal Constituency of Kaduna State in the House of Representatives, Hussaini Jallo, over his defection from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC)

The Court, in a judgement delivered by Justice James Omotosho, held that the PDP, which filed the suit, had failed to place any credible evidence before it to establish that Jallo’s defection to the APC was not in order.

Daily Trust reports that the PDP had in the suit joined Jallo; Speaker of House of Representatives, Tajudeen Abass, and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.

In the amended originating summons filed on March 6, the plaintiff sought a declaration that Jallo, having defected from the PDP that sponsored him and on which platform he was elected as a lawmaker representing Igabi Federal Constituency of Kaduna State to APC, ought to vacate his seat with immediate effect.

The PDP, through its lawyer, M.S. Atolagbe, cited Section 68 (1)(g) of the 1999 Constitution (as amended) to back its arguments.

The plaintiff sought an order declaring vacant the seat of Igabi Federal Constituency in the House of Representatives currently occupied by Jallo and directing him to, with immediate effect, vacate the said seat by virtue of Section 68 (1)(g) of the 1999 Constitution (as amended).

It also sought an order directing Jallo to immediately vacate his seat as a member representing the constituency, having defected from the PDP, being the political party that sponsored him as a member representing the Igabi Federal Constituency to the APC.

It equally sought an order of perpetual injunction restraining Jallo from parading or further holding out himself as the member representing the Igabi Federal Constituency of Kaduna State in the House of Representatives and undertaking any legislative duties or function thereof, having lost his legislative seat by virtue of his defection to APC.

In his counter affidavit, Jallo denied being a “former member” of the PDP and that he remained a valid, bona fide and a card-carrying member of the political party and that his allegiance and loyalty to it had not changed.

He also stated that he had not tendered or submitted any letter of resignation or defection from PDP at his electoral ward, and that his membership in the political party was still valid, lawful and legitimate.

Also, the Speaker of the House of Representatives, in his counter affidavit, stated that contrary to PDP’s allegation, he never announced nor read any document on the floor of the House that Jallo defected from PDP to APC.

Similarly, INEC, in its counter affidavit, stated that PDP had been bedevilled by the crisis, which was evidenced by the emergence of two functional leaderships.

Delivering the judgement, Justice Omotosho agreed with the PDP’s argument that it had a legal right to institute the suit and that it is a necessary party to the suit contrary to Jallo’s submission.

According to the judge, a political party which sponsored such persons who have allegedly defected is fully clothed with the requisite locus standi to bring a court action to compel the Speaker of the House of Representatives to declare the defecting members’ seats vacant.

Justice Omotosho, however, said having not proved that the 1st defendant (Jallo) defected from the plaintiff (PDP) to the All Progressives Congress, the reliefs of the plaintiff has nothing to support it.