ABUJA – HOUSE of Representatives spokesman, Eseme Eyiboh, yesterday, explained why the Peoples Democratic Party, PDP, caucus of the House has agreed to support President Jonathan Goodluck for the ticket of the party during its forth coming primaries.
Eyiboh, who is the Chairman, House Committee on Media and Public Affairs, said that after a meeting between the President and the caucus, Wednesday night, at the residence of the Speaker, Hon. Dimeji Bankole, the caucus was “very impressed with his commitment towards building a new Nigeria.”
He added that of all the aspirants, they found him to have the “strongest potential for wining the ticket,” because he had “a strong selling point.”
This came just as a Federal High Court in Abuja reinstated the six sacked lawmakers and
described the procedure adopted by the leadership of the House in suspending them as illegal, wrongful, unconstitutional, null and void.
However, Eyiboh in reacting to yesterday’s judgment which reversed the July suspension of members of the Progressive Minded Legislators led by Hon. Dino Melaye, PDP, Kogi, said the judgment did not translate to automatic re-admission of the suspended members to the National Assembly.
He said the Reps would have to study the judgment to make up their mind on whether to appeal or not.
One of the respondents in the case, Hon. Bitrus Kaze, PDP, Plateau, who spoke to Vanguard on phone said “as far as the law is concerned, we have never been on suspension and this means that we are free to re-occupy our offices and attend to normal legislative activities with immediate effect.”
President’s humility
He said: “First of all, we saw humility in the President’s coming to meet with us. He could have ordinarily called us to the Villa given his position as the President. During our discussion with the President, we found him passionate and serious about creating a new Nigeria. The President discussed issues and contents of national development with us. His politics is that of growth and building of a new nation. We were deeply touched by his show of humility and understanding of the problems of this country.
“By his coming to engage us, he has demonstrated that his talks about free and fair election is genuine. Because he could use his instrument of power and corner votes for himself, but he has shown no desire for doing that. He has demonstrated true leadership of accountability and we are all for him.”
On the judgment, Eyiboh said: “It is too early to say whether we would allow them into the National Assembly, because we have not even seen the judgment to make up our minds on what next to do. But there is no issue of automatic re-admission of these members now, since we may appeal.
“However, we would always promote what would lead to a harmonious relationship among members, but it must be within the context of the law.”
Eyiboh who also spoke on the aborted appearance of the Governor of the Central Bank of Nigeria, CBN, Mallam Lamido Sanusi at the plenary of the House, said: “It was not because we were afraid of his appearance before us, it was also not because of some hidden or self-serving interest.
“We felt that the appearance of the CBN governor at combined sitting of the relevant committees on live TV programme, would create the kind of ambience that would give the House the best arrangement to engage him to the maximum.
We are not hiding anything. We believe that the committees are best suited to find out from him why he has misrepresented the fact to Nigerians, creating a situation for the electorates to vilify us.”
Court re-instates Dino, 5 other suspended Reps
Meantime, a Federal High Court sitting in Abuja, yesterday, reinstated six sacked lawmakers to office, even as it described the procedure adopted by the leadership of the House of Representatives in suspending them, illegal, wrongful, unconstitutional, null and void.
Those ordered back to office were Hon. Dino Melaye, Independence Ogunewe, Solomon Ahiwinahwi, Bitrus Kazeh, Abba Anas Adamu, and Doris Uboh.
The court maintained that the leadership of the House violated several provisions of the Legislative House Powers and Privileges Act, by suspending the embattled lawmakers indefinitely, stressing that Order 10 Rule 5(4) upon which their sack was predicated, permitted only 14 days.
In delivering the judgment, Justice Adamu Bello said: “There was fundamental defect in the action of the House that suspended the plaintiff’s indefinitely.
Order 10 Rule 5(4) of the House clearly stipulated that no member can be suspended for more than 14 days and Section 24 of the Legislative House Powers and Privileges Act upon which their suspension was premised, equally provided that the offence against them is punishable by fine of N200 or 12 months imprisonment.
“There was no evidence before this court to prove that the plaintiffs were asked to explain themselves or accorded fair hearing before their suspension. The House of Reps lacks the power to investigate crime or try anybody in Nigeria, it is the duty of the police and the court to do so.
“The dispute as to whether the plaintiffs blew whistle or tore papers or engaged who in a fight is totally irrelevant. None of the parties disputed the fundamental fact that the plaintiffs were suspended from attending legislative proceedings since June 22, and were also asked to stay away for one year which is equally the same as asking them to stay away forever considering that their tenure would have expired by then.
“Though the statutes prevented the leadership of the legislature from being sued over actions they take while executing their statutory duties, they must also respect the law particularly on the issue of the fundamental rights of citizens. Anytime they breach the right of any Nigerian, that immunity loses value as the law did not place anybody above it.
“The legislature has the right to protect its dignity, but it must do so within the ambit of the law. Consequently, I accordingly dismiss the preliminary objection challenging the jurisdiction of this court to entertain the suit.
“The issue before this court is beyond the internal affairs of the House of Representatives and the court is empowered by law to assume jurisdiction and investigate whether provisions of the statute upon which the action is effected, was complied with.
“In this instance, the action of the House leadership was illegal, wrongful, null and void and of no legal effect whatsoever. Consequently I enter judgment in favour of the plaintiffs and thereby nullify their suspension. I counsel the defendants to hold the statutes guiding their conduct very sacrosanct and refrain from embarking on actions that will expose the legislature to mockery.
“I also hope that this judgment will facilitate the reconciliation process of the depleted House.”
Reacting to the judgment, the re-instated lawmakers urged the House leadership to accept the verdict in good faith, adding that they have been vindicated by the court. They maintained that they were ready for reconciliation, stressing that they would, however, abide by the substantive cause that led to their suspension.
However, the leadership of the Green Chambers, yesterday, went before an Abuja division of the Court of Appeal to seek a stay of execution of the high court judgment.
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