Court reserves judgment in suit seeking Saraki, Ekweremadu’s sack

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Justice Adeniyi Ademola of the Federal High Court sitting in Abuja on Monday reserved judgment in a suit filed by five serving Senators, who are seeking to void the election of Bukola Saraki and Ike Ekweremadu as Senate President and Deputy Senate President.

The judge, after listening to lawyers to parties in the case adopt their final written addresses, announced that they would be contacted when the judgment is ready.

The suit marked: FHC/ABJ/CS/651/2015 has Senators Abu Ibrahim, Kabir Marafa, Ajayi Boroffice, Olugbenga Ashafa and Suleiman Hunkuyi as plaintiffs, with Saraki, Ekweremadu, the National Assembly, the Clerks of the National Assembly and the Clerk of the Senate as defendants.

It is the palintiff’s contention that the election of Saraki and Ekweremadu as President and Deputy President was invalid on the ground that the Senate Standing Orders 2015 used for the election was a forged document.

The plaintiffs argued 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 known to have been validly altered before the election, the 2015 Rules could not be said to be a legitimate document.

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 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.

Justice Ademola, on Tuesday took arguments from parties on the substantive suit and defendants’ preliminary objection.

Plaintiffs’ lawyer, Mamman Osuman (SAN) urged the court to disregard the defendants’ objection and grant his client’s prayers.

The defendants, represented by Kehinde Eleja (SAN), Ikechukwu Ezechukwu (SAN) and Miss Nancy Odimegwu, faulted the competence of the suit and urged the court to dismiss the suit.

Source: The Nation