Fight breaks out in House of Reps over leadership’s refusal to swear in Katsina lawmakers

The aggrieved lawmakers wanted the House to implement the court ruling. The House of Representatives descended into a brief chaos Wednesday after eight prospective members, declared election winners last week by the Court of Appeal, were forced out of the chamber as they made attempts to forcefully reclaim their seats. Fighting broke out momentarily after those who won at the court stormed the chamber to assume their mandate since the leadership of the House would not swear them in as directed. The leadership said the eight prospective members, all members of the defunct Congress for Progressive Change, and now All Progressive Congress, APC, can only be given the mandate if the Supreme Court decides on the matter. But within the chambers, the new entrants were tackled by some lawmakers before the clash was immediately brought under control as they were later evicted. One member of the group that won at the court, Murktar Dan-Dutse, said the move was a “conspiracy” to buy time, as the decision of the court, being “declaratory” cannot be delayed while an appeal-in this case to the Supreme Court- is filed. “They want to buy time because time is against us,” Mr. Dan-Dutse said. The journey to the National Assembly for the eight lawmakers, and two others at the senate, has been long and tortuous. They were first declared winners of the 2011 election and sworn into the two chambers. Following a Supreme Court ruling December 2011, their Certificates of Return, were withdrawn by the Independent National Electoral Commission, in favour of those currently occupying the seat. They current occupants are Senators Abubakar Yar’adua and Hadi Sirika, House of Reps members Ahmed Babba Kaita, Salisu Salisco, Umar Abubakar, Salisu Daura, Isa Doro, Sani Mashi, Abbas Machika and Mansur Funtua. Those sacked in 2011, and declared winners last week by the Court of Appeal, who turned up Wednesday, are, Senators Abdu Umar Yandoma and Ahmad Sani Stores; House of Reps members, Murtala Isa, Muntari Dandutse, Musa Salisu, Aminu Ashiru and Umar Adamu Katsayal, Muhammad Tukur, Tasi’u Doguro, and Abdu Dankama. After the INEC decision sacking them in December of 2011, they challenged the decision at a High Court which ruled that the electoral commission misinterpreted the judgment of the Supreme Court. The court in January 2013 overturned INEC’s decision and ordered that they be reinstated. But that ruling was not effected as the second set of lawmakers appealed against the ruling. In its ruling on last Friday, a Court of Appeal affirmed the judgement of the Federal High Court, Abuja. The court also said the leadership of the National Assembly acted in error by accepting to swear-in the second set of lawmakers to replace the old ones after INEC issued to them Certificate of Returns. Justice Jimmy Bada, who led four other judges to hear the appeal, said that the High Court was right to have dismissed the objection raised by the lawmakers currently in the National Assembly. “There is no court of competent jurisdiction that declared the appellant as winner in the election,” the judge said. “The respondents (those whose certificate of returns were withdrawn) were duly sworn-in and I am of the view that the court below has the powers to entertain the case of the respondent. “The certificate of returns issued to the appellants is a nullity. The court below was right in dismissing the objection of the appellants. INEC issued the certificate of returns without order from any court or tribunal”. The lawyer representing the lawmakers who have been ordered to vacate their seats, John Baiyeeshea, said the appeal, which raised four issues for the court’s determination, was not a pre-election matter and as such the federal high court had no jurisdiction to hear and make a pronouncement on it. He argued that the issuance of Certificates of Return and alleged withdrawal of the certificate are post-election matters, and begged the court to annul the judgement of the high court. The Appeal Court rejected his claims