In the suit, the plaintiff is seeking an order of mandamus to compel the speaker to vacate his seat.
The PDP, which is also a party in the suit through its lawyer, Chief Mike Ahamba (SAN), in a motion ex parte, is challenging the defection of Tambuwal from the PDP to the APC.
The plaintiff is praying the court to compel Tambuwal to vacate his membership of the House, having regard to his defection on October 28.
Justice Mohammed, after listening to the ex parte application, refused to grant the order against Tambuwal but directed the plaintiff to put the respondents on notice.
He subsequently adjourned the matter till December 12 for hearing.
Akinlade also named Tambuwal and the Deputy Speaker of the the House of Representatives, Hon Emeka Ihedioha as co-defendants to the suit.
You may wish to know that Tambuwal himself is also urging the court to stop the PDP members in the House from taking any action whatsoever to declare his seat vacant.
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