Judge Not Happy As Saraki, Ekweremadu Shuns Hearing Of Suit Seeking Their Sack

 Justice Ademola, hearing the suit filed by dissatisfied senators over the election of Senate President, Bukola Saraki, and his Deputy President, Ike Ekweremadu and three others has frowned at the non-appearance of the defendants in court on Monday, August 31.

Although it was not compulsory for Saraki, Ekweremadu and the other defendants in the suit to attend proceedings in person, they were however required to be represented by their lawyers.

Senate President, Bukola Saraki

According to The Nation, Justice Ademola, who was uncomfortable that none of the defendants was represented in court, noted that the choice of Monday as the hearing date was with the consent of lawyers to the parties to the suit.

The judge, following the decision by plaintiffs’ lawyer, Mamman Osuman (SAN) to withdraw his motion for interlocutory injunction, struck out the motion.

Justice Ademola concurred with Osuman that the motion, which sought to restrain the Senate leadership from constituting adhoc committees, has been overtaken by events, and that the prayers contained in the motion were similar to those contained in the plaintiffs’ ex-parte application which Justice Kolawole earlier refused to grant.

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Meanwhile, Justice Ademola’s time as the vacation judge will soon end, and he is expected to return the case file to the court’s Chief Judge for reassignment at the end of the court’s vacation.

Senator Ike Ekweremadu

Other defendants in the suit are the National Assembly, the Clerks of the National Assembly and the Clerk of the Senate.

Senators Abu Ibrahim, Kabir Marafa, Ajayi  Boroffice, Olugbenga Ashafa and Suleiman Hunkuyi are the plaintiffs.

They are contending the election of Saraki and Ekweremadu as President and Deputy President, saying it was invalid on the ground that the Senate Standing Orders 2015 used for the election was a forged document.

The plaintiffs maintained that since the Senate Standing Order 2011, which was the valid Senate Rules as at the proclamation of the 8th Senate on June 9, was not acknowledged to have been genuinely altered before the election, the 2015 Rules could not be said to be a legitimate document.

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They stated, in a supporting affidavit, that the Senate Standing ‎Orders 2015 was “contrived” from the amendment of the 2011 version of the Orders without following its (the 2011 edition’s) relevant provisions and those of the Constitution of the Federal Republic of Nigeria.

The plaintiffs also argued that the said amendment was in breach of the “prescriptive procedures” stipulated by the extant provisions of section 60 of the constitution of the Federal Republic of Nigeria 1999 (as amended) and Rule 110(1), (2), (3), (4) and (5) of the Senate Standing Orders 2011 (as amended).

They therefore prayed the court for the following reliefs:

“A declaration that the Senate Standing Order 2011(as amended) is the proper, valid, constitutional and subsisting Rules/Standing Orders of the 8th Senate.

“A  declaration that the Senate Standing Order 2015(as amended), not being a product of any legitimate amendment pursuant to the extant provisions of Rule 110 of the Senate Standing Orders 2011 (as amended), is invalid, illegal, unconstitutional.

“A declaration that the election of the 1st and 2nd defendants as the President and Deputy  President of the Senate of the 8th Senate pursuant to the Senate Standing Orders 2015 and contrary to the provisions of Rules 3(3)(e) and (k), Chapter II of the Senate Standing Orders 2011, is illegal and unconstitutional

“An order setting aside the purported election of the 1st and 2nd defendants as Senate President and Deputy Senate President of the 8th Senate; an order setting aside the Senate Standing Orders 2015 and an order directing the 8th Senate to elect its presiding officers in accordance with the provisions of Section 54 of the Constitution and Rules 3(3) (e) and (k) of the Senate Standing Orders 2011.”

Meanwhile, the Senate president, Dr. Abubakar Bukola Saraki, led the Nigerian delegation to participate in the 4th United Nations Conference of Parliamentary Heads held at the organisation’s headquarters in New York, the United States.

 

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