The National Assembly has called for the Supreme Court of Nigeria to dismiss a lawsuit filed by 11 governors from the Peoples Democratic Party (PDP). The governors are challenging the declaration of a state of emergency in Rivers State, but the National Assembly believes the case is flawed.
The legislative body has argued that the case lacks merit and is procedurally incorrect. According to the National Assembly, the suit is without legal basis, and it should not be heard by the court.
In addition, the National Assembly is asking for a N1 billion fine to be imposed on the plaintiffs. They describe the lawsuit as frivolous and speculative, claiming that the case was filed without proper grounds.
The National Assembly has also raised concerns about the court’s jurisdiction to hear the case. In their preliminary objection, they stated that the court should not entertain the case, particularly since the National Assembly is listed as the “second defendant.”
The legislative body further emphasized that it had filed a memorandum of conditional appearance, making it clear that the proper procedures were not followed when the lawsuit was filed. According to the National Assembly, due process was not followed in initiating the case.
The National Assembly pointed out that the plaintiffs did not serve the required three-month pre-action notice to the Clerk of the National Assembly. The notice, as required by the Legislative Houses (Powers and Privileges) Act of 2017, is essential before any legal action can be taken against the National Assembly. The law requires individuals filing a case to notify the Clerk of the National Assembly in advance, explaining the cause of action and the reliefs sought.
Additionally, the National Assembly argued that the plaintiffs failed to obtain resolutions from their respective State Houses of Assembly. This is a necessary step, according to the Supreme Court (Original Jurisdiction) Act of 2002, for any case brought before the Supreme Court under its original jurisdiction.
In conclusion, the National Assembly is calling for the Supreme Court to dismiss the PDP’s lawsuit and impose a significant fine for filing a case it believes is legally flawed and lacking in merit.
