THE Federal High Court, Abuja Division on Tuesday struck out one of the suits instituted by the Speaker of the House of Representatives, Aminu Tambuwal, challenging the constitutionality of the withdrawal of his security details by the Inspector-General of Police.
The Attorney General of the Federation (AGF) and the IGP were named as co-defendants in the suit.
The court struck out the suit based on the oral application seeking to withdraw or discontinue the action moved by the speaker’s counsel, Dr. Tunji Abayomi
Meanwhile, the same court also fixed November 27, 2014 for hearing of the motion for joinder and amended originating summons filed by Tambuwal in another suit.
When the matter was called for mention, Abayomi told the court that his client had earlier called him before the court sat that the suit should be withdrawn.
He noted that the application was very different from the other suit, adding that he was basically asking the court to determine the constitutionality of the withdrawal of Tambuwal’s security aides.
Counsel to the defendants in the suit, Ade Okeaya-Inneh (SAN), did not oppose the application but prayed the court for an order of dismissal on the grounds that they have filed a response to the application.
He further prayed the court to make an order as to cost.
Opposing the application, Abayomi contended that the defendants had not joined issue with them and that the matter was for mention.
Delivering a short ruling, the trial judge, Justice Ahmed Mohammed, held that the defendants had only responded to the interlocutory application and not the substantive one.
He further held that the implication was that the defendants have not yet joined issue with the plaintiff.
The Judge, on that ground, struck out the suit with no order as to cost.
In the second suit filed by Tambuwal whereby he is challenging the withdrawal of his aides and seeking to stop the House of Representatives from removing him as the Speaker of the House, the court adjourned till November 27 for hearing.
In the second suit filed by Tambuwal whereby he is challenging the withdrawal of his aides and seeking to stop the House of Representatives from removing him as the Speaker, the court adjourned till November 27 for hearing.
Counsel to Tambuwal in the suit, Prince Lateef Fagbemi (SAN), who led about seven other senior advocates and 65 lawyers, brought an application to amend his originating summons.
In the amended application, Tambuwal is asking the court to determine whether the AGF and IGP have the power to interpret the constitution to the effect of withdrawing his aides.
Some other parties have also approached the court seeking an order of joiner in the suit.
On the application to amend originating summons, Okeaya-Inne prayed the court for a short adjournment so as to respond to it.
It is recalled that the court had earlier stopped the Peoples Democratic Party (PDP) from re-convening the House of Representatives before the next adjourned date.
Tambuwal had approached the court to challenge the withdrawal of his aides and also seek to stop the House of Representatives’ move to declare his seat vacant as the Speaker.
Joined as defendants in the suit are PDP, it’s national chairman, Adamu Mu’azu, House of Representatives, deputy speaker, IG, INEC and AGF.
The defendants had brought a preliminary objection against the application, asking the court to dismiss it.
