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Defection: LP Seeks Court Order For Bye-Elections In Rivers Assembly

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The Labour Party has urged the Federal High Court in Port Harcourt to declare vacant the seats of 25 members of the Rivers State House of Assembly who recently defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The party is also asking the court to order the Independent National Electoral Commission (INEC) to conduct bye-elections within 90 days to fill the vacancies.

According to court documents obtained by The Tide, with suit number FHC/PH/CS/25/2024, the Labour Party argues that the defection of the 25 lawmakers on December 11, 2023, does not comply with the provisions of Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The party contends that the reason given by the lawmakers for their defection, which was a legal dispute over the position of the National Secretary of the PDP, does not meet the constitutional requirements for defection.

The party is seeking a declaration that, in line with the Supreme Court decision in Abegunde vs Ondo State House of Assembly (2015), the lawmakers’ seats automatically became vacant upon their defection, and they ceased to be members of the Rivers State House of Assembly.

The opposition party also seeks an order of injunction restraining the defected lawmakers from sitting or parading themselves as current members of the Assembly.

Furthermore, the Labour Party is asking the court to declare that, under the provisions of the Constitution, the party is eligible to sponsor its members to contest as candidates in the bye-elections to be conducted by INEC to fill the 25 vacant seats.

The defection of the lawmakers, which included the Speaker and Deputy Speaker of the Rivers State House of Assembly, was widely reported in the media.

The PDP has also called on INEC to conduct fresh elections in the affected constituencies.

However, INEC is yet to announce any plans for bye-elections.

The case is expected to test the constitutional provisions governing the defection of elected officials in Nigeria and could have significant implications for the political landscape in Rivers State and beyond.

The Labour Party’s decision to pursue legal action highlights the growing role of opposition parties in holding elected officials accountable and ensuring compliance with constitutional requirements.

 

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Reps Urge FG To Pay ASUU, NASU’s Withheld Salaries

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The House of Representatives has urged the Federal Government to pay the withheld salaries of the Academic Staff Union of Universities (ASUU) and the Non Academic Staff Union (NASU).
This followed the adoption of a Motion of Urgent Public Importance by Rep. Abubakar Fulata (APC-Jigawa) during plenary on Wednesday.
Presenting the motion, Fulata said that the government must accede to the unions’ demands because they were genuine.
Adopting the motion, the House urged the President to direct the relevant bodies to come up with modalities for negotiation with both ASUU and NASU.
The House said this would enable them to come up with workable, implementable and final agreement to be signed by both parties.
The House urged the president to direct the Ministry of Finance, to ensure full implementation.
The House mandated its Committees on University Education, Polytechnic Education, Federal Colleges of Education, Labour and Productivity, Finance, Legislative Compliance to ensure compliance.

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Bill To Prescribe Salaries, Allowances Of Judicial Officers Pass 2nd Reading

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The bill seeking to prescribe salaries, allowances, and fringe benefits of Judicial office holders in Nigeria has passed second reading at the Senate.
This followed the presentation of the general principles of the bill by the sponsor, Sen. Lola Ashiru (APC-Kwara) at plenary on Thursday.
Presenting the bill, Ashiru said the bill, an executive bill, was forwarded to the two Chambers of the National Assembly by President Bola Tinubu, in accordance with provisions of Section 58(2) of the Constitution of the Federal Republic of Nigeria 1999, as amended.
He said the bill, in a nutshell, seeks to prescribe salaries, allowances and fringe benefits for judicial officers in order to nip in the bud, the prolonged stagnation in their remuneration.
This, he said was to reflect the contemporary socio-economic realities of the time.
Ashiru said the bill intends to unify the salary structure, allowances and fringe benefits of judicial officers holders both in the Federal and at the State levels.
“This proposed legal framework, undoubtedly, will bring about significant improvement in the welfare, capacity and independence of the Judiciary, which have been contentious issues of public discourse over the years.”
He said that the intent of the bill was in conformity with the current administration’s resolve to strengthen the country’s Judiciary and the criminal justice system .
This, he said was to ensure its independence in the performance of its constitutional role, as the arbiter of the temple of justice.
He urged the senators to support the expeditious passage of the bill in view of its importance to the socio-economic and political development of this country.
Sen. Mohammed Monguno (APC-Borno), who seconded the motion said it was necessary to ensure adequate remuneration of Judicial officers was in line with the current economic reality.
He said that there was the need to provide an adequate remuneration that would prevent judicial officials from being tempted for corruption.
Sen. Orji Kalu (APC- Abia ) commended the executive for presenting the bill to prescribe a remuneration for the judicial arm of government, saying that no right thinking Nigerian would want to oppose it.
He urged the officials to ensure that justice is dispensed rightly to Nigerians.
He also urged the government to improve remuneration of other sectors given the economic reality.
Deputy President of Senate, Barau Jubrin (APC-Kano) said the President has done creditably well by presenting the bill for remuneration of the judicial officials.
He said the judicial officials had suffered in silence for as they were not disposed to speaking up on the issues, just like the labour unions.
He said it was cheery and commendable for President Tinubu to have brought the bill, which was designed to enhance the salary and welfare of the judicial officials.
President of Senate, Godswill Akpiabio said presentation of the bill was a right step in the right direction by President Tinubu.
Akpabio, referred the bill to the committee on Judiciary, Human Rights and Legal Matters for further legislative inputs and to return back to plenary in four weeks, after the bill was read for the second time.

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Court To Hear Suit Against Ganduje’s Suspension, May 28

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Justice Abdullahi Muhammad Liman of the Federal High Court, Kano, has fixed May 28 for hearing in the substantive application filed by the All Progressives Congress (APC) National Chairman, Abdullahi Ganduje.
Dr Ganduje is challenging his suspension from the party by factional ward executives led by one Basiru Nuhu Isa.
He was first suspended by APC Ganduje Ward executives led by one Haladu Gwanjo on April 15. Another faction emerged and also announced suspension of Dr Ganduje on April 20.
The Tide source reports that the secretary of the party in Kano, Zakari Sarina, said the suspension by the faction was another case of impersonation.
Dr Ganduje is seeking a declaration that his suspension from the party without giving him opportunity to defend himself amounts to violation of his fundamental right to fair hearing.
He is also seeking a declaration that his suspension by the faction was unlawful, null and void.
Counsel for the embattled APC chairman, Hadiza Ahmad, applied for service on the respondents by substituted means which the court granted.
Justice Liman adjourned to May 28 for hearing in the matter.

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