The People’s Democratic Party (PDP) failed on Monday in a bid to sack the Speaker of the House of Representatives, Aminu Tambuwal, as a Federal High Court in Abuja refused an ex parte motion filed by its member, Abiodun Akinlade.
Akinlade, a member of the House or Representatives, representing Yewa South/Ipokia Federal Constituency of Ogun State, had by the motion, sought to restrain Tambuwal “from continuing to act or parade himself as the Speaker of the House of Representatives of the Federal Republic of Nigeria pending the hearing and determination of the motion on notice.”
He also sought an order dispensing with personal service and for substituted service on Tambuwal “by serving all processes in this suit in the office of the Speaker, House of Representatives, Abuja, Nigeria.”
Akinlade’s lawyer, Babs Akinwumi, while moving the ex-parte motion, urged the court to grant the interim injunctions sought by his client pending the hearing of the substantive suit earlier filed by Akinlade.
Ruling, Justice Ahmed Mohammed, refused Akinlade’s prayers on the ground that it was unfair to all defendants in the case for the court to make ex-parte orders against them when they were already aware of the case and were represented in court by lawyers.
He ordered Akinlade to convert he ex-parte application to a motion on notice and serve it on the defendants to enable them respond to it.
“In this situation, all the parties are represented in this case. It will be most unfair to grant an order ex parte against a party that has representatives in a case,” the judge said.
He fixed January 19 for further hearing on the case.
Defendants in the suit are Tambuwal (as the first defendant), the House of Representatives and the Independent National Electoral Commission (INEC).
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