Defection: PDP Asks Court To Order Impeachment Of Amaechi, Others

SAN FRANCISCO, December 12, 2013, (THEWILL) - The Peoples Democratic Party (PDP) has applied to a Federal High Court in Abuja for an order declaring the seats of the five governors who defected to the All Progressives Congress (APC) vacant. The governors are Alhaji Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Alhaji Magatakarda Wamakko (Sokoto), Alhaji Rabiu Kwankwaso (Kano) and Alhaji Abdulfatai Ahmed (Kwara). Named as defendants in the suit along the five governors is the Independent National Electoral Commission (INEC). PDP is also asking the court to order the Houses of Assembly of the affected states to impeach the governors. In the action filed on behalf of the party by Dr. Alex Izinyon, SAN, the party cited sections 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria as a ground for the court to declare them ineligible to remain in office as governor having defected to APC. The party is asking for the following reliefs: * A declaration that by the combined provisions of section 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) the 2nd - 6th Defendants who were elected under the platform of the plaintiff cannot continue to enjoy the mandate given to the plaintiff by the people / electorate of the respective states as the 2nd - 6th Defendants have defected to the APC. * A declaration that 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. * A declaration that 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. * A declaration that by combined provisions of sections 177 (c), 221 and 222 (c) of the constitution upon the defection of the 2nd - 6th Defendants defection from the Plaintiff to the APC,  the mandate reverts to the deputy governor or Speaker of the State Houses of Assembly of the respective 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 respective states in question. * 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 defendant from the PDP under whose platform they were elected to APC amounts to gross misconduct. The Plaintiff also sought an order of the court mandating / directing the State Houses of Assembly of Adama, Rivers, Sokoto, Kano and Kwara States of the respective 2nd - 6th defendants to commence impeachment proceedings against the 2nd - 6th defendants forthwith.