The application was filed before the court by a member of the House House of Representatives, Mr. Abiodun Akinlade.
The applicant, a member of the Peoples Democratic Party, PDP, representing Yewa South/Ipokia Federal Constituency of Ogun State in the House, had in his application, prayed the court to stop Tambuwal from parading himself as the Speaker, pending the determination of the suit challenging his continued stay in office.
Aside the ex-parte application that was declined by the court yesterday, Akinlade is in his substantive suit, seeking a “judicial interpretation” of an earlier judgment delivered by Justice Evoh Chukwu of the same Federal High Court in Abuja, where the court held that there was no division in the PDP.
He insisted that in view of the earlier decision of the court, Tambuwal’s defection to the All Progressives Congress, APC, on October 28, amounted to a violation of Section 68(1)(g) of the 1999 Constitution (as amended).
Cited as defendants in the suit were Tambuwal, the House of Representatives and the Independent National Electoral Commission, INEC.
Meantime, while rejecting the ex-parte application, yesterday, Justice Mohammed directed the plaintiff to put Tambuwal and all the other defendants on notice.
Adjourning the case to January 19, the judge held that it would be “most unfair” to grant a restraining order sought through an ex-parte application against Tambuwal who is already before the court over the same subject matter.
Akinlade’s suit was initially assigned to Justice Evoh Chukwu who on December 2, withdrew from the suit following a petition against him by Tambuwal, accusing him of bias.
House committee to submit report on invasion, indicts IGP
Meanwhile, the House Committee on Police Affairs that investigated the invasion of the National Assembly on November 20 by the police may submit the report of its findings today.
A competent source close to the committee told Vanguard that the report was ready and it may be laid today for further legislative action.
He also confirmed that “the report heavily indicted the Inspector-General of Police, Alhaji Suleiman Abba on his role in rubbishing principal officers of an arm of government”.
According to the source, “we expect that the recommendations which I can not reveal for now will be handled before the demise of this 7th Assembly. If we decide to touch it, then the outcome will be explosive as the IGP went beyond his scope of duty”.
Attempts to reach the chairman of the committee, Usman Kumo failed as his mobile line was switched off.
Vanguard recalls that immediately after the police invasion, the committee had summoned the IGP to appear before it but the IGP sent his deputy, DIG Sotonye Nwakanma.
The lawmakers had insisted that he should appear personally which he did on November 25.
During the interactive session, the IGP deliberately refused to address the Speaker by his official position but rather referred to him as Alhaji Tambuwal.
This did not go down well with the lawmakers who insisted that he should accord the Speaker his due respect but the IGP refused.
The IGP stood his ground and the committee adjourned the meeting sine die.
Senate summons FCT Police boss
Meanwhile, the Senate has commenced investigations into the November 20 Police invasion of the National Assembly and has invited the Federal Capital Territory, FCT, Commissioner of Police over the incident.
Speaker of the House of Representatives, Alhaji Aminu Tambuwal who recently dumped the Peoples Democratic Party, PDP for the opposition All Progressives Congress, APC, and some members of the House of Representatives were locked out of the complex.
The Police said it acted on security reports that the National Assembly was to be invaded by thugs and hoodlums after the APC rally led by Rivers State Governor, Chibuike Amaechi.
The House had reconvened to consider the letter by President Goodluck Jonathan requesting extension of emergency rule in Adamawa, Borno and Yobe states.
It was gathered that more than a week behind schedule, the Senator Ahmed Makarfi-led Committee on Finance yesterday, commenced investigation into the matter.
Other members of the committee are: Senators Atiku Abubakar Bagudu; Victor Lar, Gbenga Sefiu Kaka, Paulinus Igwe, Jubrilla Bindowo and Ehigie Edobor Uzamere.
Makarfi initially refused to allow newsmen into the venue but was prevailed upon by members of the committee. On the first day of the hearing, the Divisional Police Officer (DPO), of the National Assembly, told the committee that the instructions to close the gates on the day was based on a directive received from the Federal Capital Territory Command.
The committee subsequently invited the FCT Police Commissioner, Wilson Inalegu, to appear before the committee and also, explain who gave the directive.