Tambuwal: Not An Easy Road To Travel

When the speaker of the
House of Representatives, Animu  Tambuwal dumped the ruling Peoples Democratic Party (PDP) on which platform he was elected  and “ported” into the opposition party, the All Progressives Congress (APC), little did he know that the move would be a long walk to his travails and politics in  Nigeria.
In October 28, 2014, Tambuwal had told the House at the close of its plenary session that he  decided to defect to APC,  after months   of speculations, because the PDP he knows is no longer democratic, hence  the need for change. Many saw Tambuwal’s  defection as a betrayal of the  highest order which must  not go unpunished, at least to teach a lesson to Tambuwal and his likes  for plotting to make PDP  a laughing stock.
Prior to his defection, Tambuwal was accused  of betraying the decision  of PDP leadership when he reportedly took away the speaker’s job meant for another House member, Mulikat Akande-Adeola  from South West zone, Nigeria, The PDP had anointed  Akande-Adeola for the speaker’s job, but Tambuwal connived with the then ACN members in the House and skillfully manoeuvred election of the speaker  to his favour: thus denying the South West a position of political  reckoning zoned to it.
Since then, Tambuwal was seen as a rebel and a man that can’t  be trusted  and must be watched. At the turn of events in the PDP crisis, Tambuwal  was fingered  in the dance game that resulted in the defection of five PDP  governors and a sizeable  number of legislators to the APC.
Even  more noticeable is the absence of Tambuwal  at PDP caucus  and stakeholders’ meetings
For instances, at the PDP  North West meeting that endorsed  President Goodluck Jonathan  for the 2015 Presidency, Tambuwal  among key members of the party,  were conspicuously absent. The height of Tambunal’s sin of disobedience  manifested when he was also absent at the PDP national working committee (NWC) meeting that okayed Jonathan for 2015 presidential race. The speaker’s comments concerning PDP position on certain issues, policies of federal government  and the Presidency were visibly unbecoming.
After a long period  of his ‘hide and  seek’ game, Tambuwal eventually defected to APC on October 28, 2014 with smiles of victory and the  reactions that followed  his action were arguably understandable. The PDP asked  Tambuwal to resign as speaker or be impeached. Government followed  the threat with the withdrawal of security personnel  attached to the office of the speaker. The  PDP also set machinery in motion to compel its caucus  in the House to reconvene on Tuesday, November  4,2014, instead of December 3 which  the speaker had adjourned sitting of the House.
Sensing danger of his possible impeachment if the House reconvened that date, Tambuwal  and his new party, APC promptly approached  the court  which ordered that the status quo in the House  be maintained till further notice. With that court relief, Tambuwal dared the PDP and arrived at the National Assembly complex to declare open  public hearings by two committees  of the House.
The speaker who personally drove his official  Range Rover SUV into the premises of the complex  without security personnel  was, however,  shielded to the venues of the sittings by APC lawmakers led by the chairman, House  committee on education, Aminu Suleiman.
Against all odds, there came the  commotion at the National Assembly on November 20, 2014 as the plot to stop Tambuwal from entering the Assembly complex failed. It was a dishonourable scene to behold as honourable lawmakers who were prevented from entering through the gate reportedly  exchanged hot words with the security and scaled the gate to the main complex. Riot policemen also tear-gased angry lawmakers who protested against the development.
Not only did APC described the action of the police as threat to democracy, it further called for the head  of the police in Nigeria. While the Senators and House  members fumed, the Presidency and Inspector-General of Police (IGP), Sulieman Abba justified the deployment of security operatives, saying it was to defend the constitution and prevent a breakdown of  law and order.
The senior special assistant to the President on public affairs, Dr. Doyin Okupe, at a news conference, said it would be wrong for the public to assume that the IG acted on orders from the Presidency when the IG, as  a very senior security officer has duties to defend and enforce the law.
Abba who appeared before the House committee on Police Affairs  led by Usman Bello-Kurmo to explain why the police shut the gates of the National Assembly against  lawmakers and also  tear-gased them, did not help matters  in Tambuwal’s travails as he (IG) did not recognise Tambuwal as speaker. The IG simply  addressed  him as “Alhaji Aminu Tambuwal”, a title that angered  members of the House committee. Abba insisted that it would be “subjudice” for him to address Tambuwal as speaker or any matter relating to him so long as such matter was in court.
Though, members boiled with anger over IG’s attitude not to use the word “speaker” when referring to Tambuwal, they stormed out of the venue  angrily and stopped Bello-Kurmo from shaking hands with Abba or seeing him off to the door. And the committee resolved that the discussions would not hold as long as the IG would not accord  Tambuwal his due respect.
Just when  everybody perhaps was thinking that time would heal  the wound in the status of Tambuwal at the  House, the  speaker’s erstwhile  party, PDP, had  filed a fresh suit seeking an order compelling the speaker to declare himself  as no longer fit  to represent the Kebbe/Tambuwal Federal constituency at the lower chambers of the National Assembly.
The PDP’s suit re-opened  the old wound even as the suit filed by Tambuwal seeking to stop his removal and subsequent declaration of his seat  vacant on account of his defection to APC is pending in court.
But in the PDP’s suit which Justice Ahmed Mohammed had granted an ex parte  application by the party to commence  its suit against Tambawal, the office of the speaker,  Tambuwal  himself and the deputy speaker, Emeka Ihedioha are respondents to the suit. Relying on section 68 (1) (g) of the  1999 Constitution as amended, the PDP argued that “Tambuwal’s defection from the party which  sponsored his election to the House amounted to losing his seat.
Under  Section 68 (2) of the Constitution, the ruling party stated that it was  mandatory for Tambuwal as speaker of the House to declare as vacant the Kebbe/Tambuwal  seat, whose occupant had defected from the party that sponsored  him to the House.
In the suit No. FHC/ABJ/CS/901/2014, “seeking an order of mandamus”, the PDP is praying for an order of   injunction restraining Tambuwal from performing or continue to perform the function of the House speaker.
“In the alternative, an order of court compelling the 3rd respondent (Deputy Speaker Ihedioha) to declare the Kebbe/Tambuwal seat vacant by an order of  mandamus in terms  of relief (a) supra,” the PDP suit added.
While Tambuwal had too many legal questions  arising from the PDP suit, to answer, another House member. Abidun Akinlade, added additional load to Tambuwal’s legal battle. In the suit No. FHC/ABJ/CS/871/2014, Akinlade (plaintiff)  apart from seeking an order declaring Tambuwal’s seat vacant on account of his defection from the PDP, also sought a “judicial interpretation” of  an earlier judgment of Justice Evoh Chukwu where it held that there was no division in the PDP.
From simple interpretation, the aim of the fresh suit is to justify the PDP’s stance that the defection of Tambuwal  from PDP to APC  on October 28,2014 was “illegal” and in breach of section 68(1)(g) of the 1999 constitution as amended.
Akinlade’s suit assigned to Justice E.S.J.Chukwu of Court 8, however, rattled Tambuwal who promptly petitioned the Chief Judge of the Federal High Court against the suit assigned to Justice Chukwu, claiming that “the presiding judge, Justice Chukwu, ESJ, having made a pronouncement on similar issues, in similar cases, decided by him, clearly shows that he has  an iron-cast  judicial  position or opinion in respect of suit NO. FHC/ABJ/CS/871/2014, concerning me  sir, which has been assigned to him.”
Tambuwal’s petition apparently forced Justice Chukwu to withdraw from the matter and returned the case file to Chief Judge for re-assessment to another judge.
But Tambuwal’s joy in forcing Justice Chukwu to withdraw from fresh anti-Tambuwal suit was momentory as the people of Kebbe/Tambuwal Federal Constituency in Sokoto State who are being represented by the Speaker  at the House, on Monday,  December 1, 2014, failed in their bid to  become a party in a suit filed by Tambuwal himself to stop his removal from office and a member of the House.
The consitutents of Tambuwal, instead of seeking to be joined along with the speaker as palntiffs, had sought to be joined as co-defendants,  but Justice Ahmed Mohammed, in his ruling dismissed the two separate applications filed in the name of the constituents, saying they are “unmeritorious”.
One thing leads to another. About two days after the “unmeritorious” suits were thrown out, Tambuwal’s constituents were back in court  where they informed  the court that they had filed  separate  applications seeking leave  to appeal  against the court ruling based on what they called “mixed law and facts”.
In  addition to notices of appeal, the  constituents also filed applications for stay of proceedings, and the development stalled the hearing of Tambuwal’s application seeking an order of court to jail the IG for allegedly flouting an order of the court.
While the legal  battles last, Tambuwal also has an electoral burden in about eight weeks time, to take a political walk to Sokoto State to actualise his dream to be the next governor under APC platform.
Though intrigues,  distractions, mischief, legal fireworks, political rivalry etc may be some  of the  features  associated with Nigeria’s democracy, the truth remains that the rain started beating Tambuwal the day he went against  the wishes of his erstwhile party (PDP) and  the ruling party may have vowed to bring him down. Indeed,  it is not an easy road for Tambuwal to travel on his  political journey.

Samuel Eleonu

Aminu Tambuwal