Alleged forged Senate Order: Ekweremadu challenges competence of anti-Saraki suit

Date: 2016-04-08

The Deputy Senate President, Senator Ike Ekweremadu has challenged the competence of a legal action instituted at the federal high court in Abuja by five aggrieved senators to contest the legality of the election of Dr Abubakar Bukola Saraki as Senate President and Ekweremadu as Deputy.

Ekweremadu in a fresh attack against the law suit, claimed that the five aggrieved senators erred in law by filling the action vide originating summons. He disclosed that since the case of the aggrieved All Progressive Congress (APC) senators was predicated on alleged forgery of the Senate Standing Order, they ought to have brought the action to court through the writ of summons instead of originating summons. In a motion on notice filed by his counsel Mr. Patrick Ikwueto SAN, Ekwueremadu prayed Justice Evoh Stephen Chukwu to order that the case of the aggrieved senators was inappropriate for determination vide the originating summons procedure.

The Deputy Senate President also asked the Judge to order that the case be transferred for hearing under the general cause list and that the parties in the suit be directed to file and exchange pleadings and witness statements on oath for hearing and determination of the suit. The grounds of Ekweremadu's motion was that when a case is transferred to another court to be commenced de novo (afresh), it is trite law that the suit be heard anew and that all findings of the previous court cannot be adopted or built upon by the new court.

He argued that the suit filed by originating summons of July 27, 2015 was anchored on alleged falsification of the standing order of the Senate In an 18 paragraph affidavit in support of the motion, Ekweremadu claimed that the allegation of contriving or concocting the Senate Standing Orders 2015 amounted to falsification, forgery or fraud and that by the nature, the suit cannot be decided by originating summon but by the writ of summon where evidence can be adduced orally.

He averred that it was necessary to call oral evidence in order to resolve the material conflicts in the affidavit and counter-affidavit of the parties and that unless oral evidence tested under cross examination is produced, the conflicting affidavit will be incapable of resolution in the suit "I have vehemently asserted in my counter affidavit to the Originating Summons that the Senate Standing Order 2015 (as amended) is valid and the 8th National Assembly on being convened was entitled to conduct its affairs independent of the Rules enacted by the 7th National Assembly". When the matter came up yesterday, counsel to the Plaintiffs Mr. Mamman Mike Osuman SAN who addressed the court through Mr. Dele Adesina SAN told the court that Ekweremadu took him by surprise with the new motion served on him in the open court.

He complained that the action of the Deputy Senate President was a ploy to scuttle hearing of the case filed since last year. The plaintiffs' counsel therefore asked for an adjournment to enable him react to the motion. Counsel to Saraki, Mr. Kayode Eleja SAN did not oppose the application for adjournment but claimed that both parties have been serving each other with court process in the open court. Justice Evoh Stephen Chukwu then adjourned the case till April 27 and directed that henceforth, serving of court papers should be through Chambers to Chambers and no longer in the open court

Plaintiffs in the suit are Senators Abu Ibrahim, Kabiru Garba Marafa, Robert Ajayi Boroffice, Bareehu Olugbenga Ashafa and Suleiman Othman Hunkuyu They had sued Saraki, Ekweremadu and four others seeking that the election of Saraki and Ekweremadu as Senate President and Deputy respectively be set aside because the Senate Standing Order used for the election was forged. Saraki had in his preliminary objection to the suit asked the court to throw it out on the ground that he was elected Senate President unopposed by his colleagues

He also claimed that the five senators have no basis to complain against the election because they never aspired to the office or have the mandate of other 104 senators to institute the suit Justice Adeniyi Ademola who first heard the case was petitioned by Ekweremadu at the verge of delivering judgment on the ground that the judge was biased against him due to external influence from Lagos APC state government that made wife of the judge, Mrs Tolulope Adeniyi Ademola, the Head of Service of Lagos to do their alleged bidding.

The case file was withdrawn from Justice Ademola on the strength of the petition by the Chief Judge, Justice Ibrahim Auta and re-assigned to Justice Chukwu to start afresh.

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Bayo Lawal     Senior Staff Union Of Colleges Of Education     Umar Bayo Abdulwahab     Olatunji Abdulmumeen     Makama Of Ilorin     Radio Kwara     Raimi Iyanda     Pilgrims Board     IFK     Fatimat Saliu     Lai Mohammed     Joseph Daudu     Oluronke Adeyemi     Roseline Oni Aremu     Face Masks     Gbadeyan Gbadura Yomi     Elerinjare     AbdulRazaq AbduMajeed Alaro     Alfa Belgore     Yunus Lawal     Idris Amosa Oladipo Saidu     Ademola Kiyesola     Hassan Oyeleke     Ishak Mohammed Sabi     Bamidele Aluko     Ilorin Emirate Stakeholders Forum     Harrison Osauwagboe     Aliyu Muyideen     Kumbi Titiloye     Sola Saraki Educational Foundation     Olokoba Abdullahi Ayinla     Abdulkadir Bolakale Sakariyah     Zulu Gambari     Salihu Yahaya     Saadu Yusuf     Soffiyyallah Kamaldeen     Abdulmajeed Abdullahi     Asa LGEA School     Biliaminu Aliu     Kazeem Adekanye     Mogaji Aare     April 11     Dairo Kunle Paul     Ndakene     Olota Of Odo-Owa     Aisha Gobir     Maigida Soludero Transit     Curfew     James Kolo     Danladi     Mohammed Alabi Lawal     Lanwa     Salau Kabiru Abdullahi     Sunday Popo-Ola     Solomon Edojah     Wahab Kunle Shittu     Dunmade     Babata     Peter Amogbonjaye     Shettima Of Ilorin     Saduki Lafiagi     Neo Mundo Ltd     United Nigeria Congress Party     Offa Descendants Union     Laolu Saraki     Salman Alada     Toyin Saraki     Abdulganiyu Oladosu     Flights To Ilorin     COEASU     Ilorin.Info     Rebecca Bake     Unilorin FM     Vasolar Consortium     Ilorin Like-Minds     New Naira Notes     Abdulkadir Akanbi-Oke    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Monsurat Omotosho     Abdulwahab Olarewaju Issa     CELF     Sulu Babaita Isiaka     Alanamu     Tunde Mukaila Mustapha     Suleiman Rotimi Iliasu     Sa\'adu Gambari     Amuda Bembe     Agor Market     Voices Of Tomorrow     Bamidele Adegoke     Lateef Ademola Olatunji     Muhammed Taofeeq Abdulrazaq     Pacify Labs     Harafat E. Mukadam     Kwara 2019     Ahmed     Isa Aremu     Ndakene     Elelu     Hajj     Shettima Of Ilorin     Bola Tinubu     Emir Of Yashikira     Convocation Ceremonies     Fatai Garuba Labaka     Offa Metropolitan Club     Yashikira     Kolawole Akande     Seun Bolaji     Oloriegbe     Ahmad Olayiwola Kamaldeen     EFCC     Durosinlohun Kawu     Okeose Christian Cementary     Mohammed Yisa     Rueben Parejo     Hakeem Idris     Chartered Institute Of Personnel Management Of Nigeria     Bashiru Makama     Diagnostic Centre     Tsaragi/Share     ASMAU PLAZA     AbdulQowiy Olododo     Afonja     Bature Bello     Ebola     Kayode Issa     Kunle Akogun     Suleiman Ajadi     Yekeen Alabi     Saad Belgore     Awoye     Abubakar Baba Sulaiman     UITH     Alloy Chukwuemeka     Suraj Tunji Oyewale     Aasiyat Bello Oyedepo     Olayinka Oladapo Jogunola     Ilorin Talaka Parapo (ITP)     Sheikh Hamzat Yusuf Ariyibi     Olatunji Ayeni     Mutawalle     Owode Market     Kassim Babamale     Gbajabiamila     Mohammed Lawal     Bankole Omisore     Monthly Sanitation     Tope Daramola     Rihanat Ajia     Adijat Adebiyi     Tanke Flyover Bridge     Oyin-Zubair     UTME     Neo Mundo Ltd