Says Defection Of Saraki, Dogara, 51 Others Is Unlawful
The Federal High Court, Abuja on Friday struck out the suit seeking an order directing Senate President, Senator Bukola Saraki, Speaker of the House of the Representatives Hon Yakubu Dogora to vacate their seats.
An advocacy group, Legal Defence and Assistance Project, (LEDAP) had brought the action against the national lawmakers who defected last year from one political party to another without vacating their seats.
It had prayed the court also to order the effected members to refund the salaries and allowance they received from the date of their defection to date.
Justice Okon Abang struck out the suit while ruling on the preliminary objection raised by Dogora , Saraki and others.
The judge however dismissed the suit against Senator Godwill Akpabio on the ground for lack of merit.
He held that the plaintiff lack locus standi to file the action against the members of the National Assembly without fiat from the Attorney General of the Federation, the issue in contention being a public interest issue.
Justice Abang , said however, the plaintiff had a good case and it would have succeeded in light of Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999( as amended) but the plaintiff lack locus standi which robbed the Court of its jurisdiction.
Justice Okon Abang held that based on the judgement of the Supreme Court, which gave reasons that would allow for defection, the lawmakers did not meet that requirement.
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