The All Progressives Congress has stated its readiness to meet the Peoples Democratic Party in court over the defection of 5 PDP Governors to APC and the suit which the PDP filed at the Federal High Court in order to declare the governors’ seats vacant over the action.
Governors Rotimi Amaechi (Rivers), Rabiu Kwankwaso (Kano), Aliyu Wamakko (Sokoto), Murtala Nyako (Adamawa) and Abdulfatah Ahmed (Kwara) defected last month.
The APC has put together a team of ten legal luminaries to defend the 5 Governors.
Mr. Lateef Fagbemi (SAN) is leading the APC defense team, others in the team include Chief Adegboyega Awomolo (SAN); Yusuf Ali (SAN); John Bayeshea (SAN); Ahmed Raji (SAN) and the Attorneys-General of the five states.
One of the lawyers speaking to the Nation 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.”
National Publicity Secretary of the PDP, Olisa Metuh said, “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.”
The PDP is seeking a ruling of the court that:
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.
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