Court Summons Reps, Speaker Abbas, Others, Halts Planned Removal Of Minority Leader

The Federal High Court, Abuja Judicial Division, has summoned the National Assembly, House of Representatives, Speaker Tajudeen Abbas and nine others to appear before it within 30 days over a suit filed by the House Minority Leader, Hon Kingsley Chinda, seeking the stoppage of a purported plan to remove him from his position.

The writ of summons dated September 16, 2025, issued by Dr J.Y. Musa, SAN of Dr J.Y. Musa, SAN & Co., solicitors to the Plaintiff (Chinda), a copy of which was sighted by LEADERSHIP Sunday, indicated that there are plans to remove Chinda as House minority leader on the grounds of his association with the Minister of the Federal Capital Territory, Nyesom Wike.

“You are hereby commanded that within thirty days (30) after the service of this writ on you, inclusive of the day of such service you docause an appearance to be entered for you in an action at the suit of Rt. Hon. Kingsley Chinda and TAKE NOTICE that in default of your so doing, the plaintiff may proceed therein and judgment may be given
in your absence.
“This writ is to be served within twelve calendar months from the date thereof if renamed within six calendar months from the date of the last renewal including the day of such date and not afterwards.
“The defendants, including Speaker Abbas, Clerk of the National Assembly and opposition political parties) may enter appearance personally or by legal practitioner either by handing in appropriate form, duly completed to the registrar of the Federal High Court of Nigeria, Abuja in which the action is brought by sending them to the Registrar by registered post,” it reads.

In the writ of summons, Chinda claimed against the defendants as follows: “A DECLARATION that the move to remove the Plaintiff from his position as the Minority Leader of the House of Representatives of the Federal Republic of Nigeria on the account of his association with Barrister Ezenwo Nyesom Wike, the current Honourable Minister of the Federal Republic of Nigeria, who is a member of the Peoples Democratic Party is a clear violation of the Plaintiff’s right to Freedom of Association as guaranteed by Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“A DECLARATION that the Defendants lack the vires to remove the Plaintiff from his position as the Minority Leader of the House of Representatives of the Federal Republic of Nigeria arbitrarily without full compliance with the provisions of Order 7 Rule 14 of the Standing Orders of the House of Representatives, Federal Republic of Nigeria, Eleventh Edition and in the manner offensive to all civilized democratic norms.

“AN ORDER of INJUNCTION restraining the 6th — 12th Defendants, their privies, agents, servants, officers howsoever described from further proceeding with any act or exercise purportedly aimed at removing the Plaintiff from his position as the Minority Leader of the House of Representatives of the Federal Republic of Nigeria in violation of the sacred provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and without compliance with the provisions of the extant Standing Orders of the House of Representatives of the Federal Republic of Nigeria.

“An oder of injunction restraining the 1st-5th Defendants, their privies, agents, servants, officers, howsoever described from giving effect to any exercise or instrument purporting to have removed the Plaintiff by the Defendants in disregard of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) or any Rules or Standing Orders of tne House of Representatives.
“AND for any other ORDER(S) as the Honourable Court may deem fit to make in the circumstance of this case.”

Also, the court in a Motion Exparte dated September 15 and filed on September 16, 2025 granted an order of interim injunction, restraining the Defendants…, howsoever, described from removing the Plaintiff as Minority Leader of the House without compliance with the due process of the law…pending the hearing and determination of the Motion on Notice.

“…The court held therefore, it is my considered firm opinion that in order to ensure all the parties listed in these processes have equal playing ground by virtue of their constitutional rights enshrined in Section 36 (1) of the 1999 Constitution Federal Republic of Nigeria (as Amended), as well as the need to protect the res sought in the application.
“It is hereby ordered as follows: that the Applicant SHALL forthwith serve on all the Defendants / Respondents the Motion on Notice with Suit No:FHC/ABJ/C8/1936/2025 filed on 16th September 2025, along with all relevant processes filed in this matter, so as not to foist a fait accompli on the outcome of
the relief sought in this application which are also exact same reliefs prayed in the Motion on Notice with Suit No:FHC/ABJ/C8/1936/2025.

“That the hearing of the Motion on Notice with Suit No:FHC/ABJ/C8S/1936/ 2028 filed on 16th September 2025, SHALL pursuant to Section 6 (6) (b) of the 1999 Constitution Federal Republic of Nigeria (as Amended) be EXPEDIENTLY resolved on its merit by this Honourable Court for the attainment of Justice in this matter,” it added.

The court further granted an order of interlocutory injunction, restraining the Defendants…, howsoever, described from removing the Plaintiff as Minority Leader of the House without compliance with the due process of the law…pending the hearing and determination of the Substantive Suit.
The order is based on the ground that: “Order 7 Rule 14 of the Standing Orders of the House of Representatives, Federal Republic of Nigeria, Eleventh Edition provides for the procedure for change in the leadership of the Minority Leader of the Minority Parties in the House of Representatives.

“The said Order 7 Rule 14 of the Standing Orders of the House of Representatives, Federal Republic of Nigeria, Eleventh Edition provides that after due notice to the House, the Majority Party and the Minority Parties may change their Leader and Whip, Deputy Leader, and Deputy Whip. provided that the change is made by the Majority of the Members of the Parties in the House themselves.
“There must be a due notice to the House seeking for a change in the Leadership of the Minority Members of the Minority Parties in the House of Representatives before the said change can be made.
“The change in the Leadership of the Minority Members of the House can only be made by the majority of the members of the Minority Parties in the House themselves upon such due notice.
“The House is in recess and the Majority of the Members of the Minority Parties in the House have travelled and there are no majority of members of the Minority Parties to make or seek for such change in the Leadership of the Minority Members of the Minority Parties in the House of Representatives.
“In a gross contrast to the Standing Orders of the House of Representatives, Federal Republic of Nigeria. Eleventh Edition, there is a serious threat/plan by some members of the Minority Parties in the House especially the members of the Peoples Democratic Party to remove the Plaintiff from his position as the Minority Leader of the House for no genuine reason.

“The only reason for the threat to remove the Plaintiff from his
position as a Minority Leader of the House is because of his association with the Hon. Minister of the Federal Capital Territory, Barrister Ezenwo Nyesom Wike.

“The Plaintiff is a member representing the Hon. Minister of the Federal Capital Territory. Barrister Ezenwo Nyesom Wike, in the House of Representatives.
Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides for right of association and it gives the Plaintiff right to associate freely with whoever he wishes, including the Hon. Minister of the Federal Capital Territory, Barrister Ezenwo Nyesom Wike.
“Some members of the minority parties in the House, especially members of the Peoples Democratic Party, are hell-bent on removing the plaintiff from his position as a Minority Leader of the House and it is only the intervention of this honourable Court that can protect and preserve the position of the Plaintiff/Applicant as a Minority Leader of the House of Representatives.
“By the Rules of this Honourable Court, the Defendants/ Respondents have thirty (30) days to enter appearance and file their defence in this suit by which time the Minority Parties in the House of Representatives would have carried out the unconstitutional act of removing the Plaintiff as a Minority
Leader of the House…”

Reacting to the development, Deputy Spokesperson of the House, Hon. Philip Agbese, said the Green Chamber is committed to the principles of constitutional democracy and the rule of law, hence the matter would be treated on that basis.

“The 10th House of Representatives is steadfastly committed to the principles of constitutional democracy and the rule of law.

“The Rt. Hon. Speaker, with his characteristic wisdom and leadership, will engage all relevant parties to ensure a just and amicable resolution to the matter in line with our democratic values.

“We value your interest and will communicate further updates through official channels as appropriate,” he said.