Only the Speaker of the House of Representatives is constitutionally 
empowered to declare vacant the seats of the 37 lawmakers who defected 
from the ruling Peoples Democratic Party (PDP) to the All Progressives 
Congress (APC), the Chairman of House Committee on Rules and Business, 
Albert Sam-Tsokwa, has said.
Sam-Tsokwa (PDP Taraba), who 
represents Donga/SSA/Takum/Special Area, spoke yesterday during the 
House of Representatives Press Corps’ Hot Seat series at the National 
Assembly in Abuja.
The lawmaker flayed the call of the PDP Governors’ Forum to declare the seats of the defected lawmakers vacant.
He urged the PDP governors to stop making a pronouncement that could heat up the polity but take the legal option.
According
 to him, the governors should take recourse to the Judiciary on the case
 of the 37 defecting lawmakers and approach the courts for a writ of 
mandamus, if they felt the law was not being adhered to.
Sam-Tsokwa
 said: “Let me begin by saying the court is not a father Christmas. A 
court has no jurisdiction, a court has no right, a court has no power to
 give what is not asked for.
“Now, as to the next course of 
action, the constitution is very clear: that power (to declare seat of 
any member vacant) is vested in the Senate President or the Speaker of 
the House of Representatives. No other person in Nigeria has that power,
 not even the court.
“If I am aggrieved that the Senate President
 has not done what he should or the Speaker has not done what he should 
have done, the only way we can involve a court is to go to the court and
 ask for an order of mandamus to compel him to do what the law requires 
him to do.”
The lawmaker accused most northern governors of sponsoring acts of terrorism.

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