Twelve senators who defected from the People?s Democratic Party (PDP) would on March 26 know by the court ruling if they can formally join the All Progressives Congress (APC).
This is contained in the suit filed at the Federal High Court, Abuja (FHC/ABJ/CS/621/2013) in November by 22 senators and 57 members of the House of Representatives.?
The suit was initially adjourned to January 22, 2014 for hearing and it was later shifted to January 29 and later, February 18 before March 26 was fixed for judgement.
Attempts by the defecting lawmakers to formally defect to the APC on the floor of the Senate was rebuffed by Senate President David Mark, who cited legal hurdles against the move.
Initially, 79 federal lawmakers sued the Peoples Democratic Party (PDP) and leaders of the National Assembly over threats to declare their seats vacant.
The list narrowed down to just 11 when 10 senators filed a counter-suit, few days after, asking that they be removed from the originating suit. The 12th senator who initially declined to append his signature, senator Ahmed Barata, has now joined his colleagues in defecting from the PDP.
They argued that the two conditions precedent for lawful defection, as provided in the Constitution ? division and merger ? had occurred to warrant their defection, adding that against PDP?s assertions, it was only the court that could decide whether a defecting lawmaker?s seat is vacant or not.
Through their counsel, Mahmoud Magaji (SAN), the lawmakers contended before the court that Senate President David Mark and Speaker Aminu Tambuwal cannot rely on the provisions of sections 68(1)(g) and 68(2) of the Constitution in declaring their seats vacant because there is division in the PDP and a faction of the party has merged with other parties.
The defecting senators argued that the PDP is factionalised with the existence of the New PDP, chaired by Alhaji Baraje Kawu while the other was chaired by Alhaji Bamanga Tukur at the time the suit was filed. The factionalisation occurred in August 2013 when a parallel convention was held at the Shehu Musa Yar?Adua Centre where national officers of the nPDP were elected.
Besides, they also contended that the initial judgement from the court, in recognizing Tukur as the PDP National Chairman meant that only a faction was recognised.
Justice Ramat Mohammed thereafter fixed judgment for March 26.
