All Progressives Congress has asked the Court of Appeal,
Abuja Divsion to annul the Abuja Federal High Court ruling that ordered
37 lawmakers of the House of Representatives to resign their seats for
defecting to the party.
Challenging the judgment, the appellants argued that the decision of the Federal High Court was "perverse" and was not supported by the reliefs sought by the plaintiff, PDP.
They said that the trial judge "erred in law when he granted reliefs not sought by the plaintiff", adding that the judgment "is against the weight of evidence".
According to the appellants, Justice Ademola wrongly assumed jurisdiction over the suit, which they insisted was an internal affair of the House of Representatives.
The lawmakers also said that the PDP lacked the locus standi to institute the case because it was not predicated on any recognised legal interest
A
notice of appeal was filed by lawyer Mahmud Magaji (SAN) on behalf of
the Speaker of the House of Representatives, Aminu Tambuwal, and Deputy
Speaker, Emeka Ihedioha.
On Monday, Justice Adeniyi Ademola had in his judgment in the suit number FHC/ABJ/CS/4/14, held that there was no division in the Peoples Democratic Party to qualify the legislators to defect and continue to retain their seats in line with the provisions of section 68 (1) (g) of the 1999 Constitution.
Section
68 (1) (g) allows for defection of members of the National Assembly in
situations where there is division in political parties.On Monday, Justice Adeniyi Ademola had in his judgment in the suit number FHC/ABJ/CS/4/14, held that there was no division in the Peoples Democratic Party to qualify the legislators to defect and continue to retain their seats in line with the provisions of section 68 (1) (g) of the 1999 Constitution.
Challenging the judgment, the appellants argued that the decision of the Federal High Court was "perverse" and was not supported by the reliefs sought by the plaintiff, PDP.
They said that the trial judge "erred in law when he granted reliefs not sought by the plaintiff", adding that the judgment "is against the weight of evidence".
According to the appellants, Justice Ademola wrongly assumed jurisdiction over the suit, which they insisted was an internal affair of the House of Representatives.
The lawmakers also said that the PDP lacked the locus standi to institute the case because it was not predicated on any recognised legal interest
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