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.

Tunde Mukaila Mustapha     Nigeria Foundation For Artificial Intelligence     Abdulhakeem Amao     Lola Ashiru     NTA Ilorin     Abiodun Jacob Ajiboye     Lai Mohammed     Atiku Abubakar     Danhawa     Kayode Zubair     Yekeen Alabi     Nigeria Computer Society     Code Of Conduct     HAMFAT Clinic And Maternity     Umar Danladi Shero     Lanwa     Ilorin     Olayinka Are     Kumbi Titilope     Isaac Gbenle     Hussein Olokooba     Salake     Fatimah Abdulkadir     Dele Belgore     Mohammed Tunde-Jimoh     Bamidele Adegoke     Lithium Deposit     Bola Olukoju     IHS     Edret Sabi Abel     Mustapha Olanipekun     Hassan Oyeleke     Surajudeen Akanbi     Samuel Elizabeth Keatswa     Amule     Hakeem Lawal     Kayode Alabi     PharmAccess Foundation     Standard Organization Of Nigeria     Abubakar Kawu Baraje     Kumbi Titiloye     Ahmed \'Lateef     Amina El-Imam     Malete     Face Masks     Mohammed Khadijat Kubura     John Kehinde Salako     Owo Isowo     Shehu Alimi Foundation For Peace And Development     JAMB     March 18     Mohammed Lawal     Ganiyu Taofiq     Omoniyi Ayinla     Olushola Saraki     Timothy Olatunde Fadipe     Musbau A. Akanji     Otuka     Abubakar B.M     Saka Onimago     Dan Iya Of Ilorin     Kwara State Fish Farmers Association     Tsaragi-Share     ASUU     Post-utme     Kabir Shagaya     Tunde Akanbi     Bello Abubakar     Kudirat Arinola Lawal     Government High School Adeta     Hijab     Galland Marcias     Lanre Aremu     Tanke Road     Kayode Issa     Titus Suberu-Ajibola     Ahmed    

Cloud Tag: What's trending

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

Sidikat Alaya     Ministry Of Women Affairs And Social Development     Tunji Arosanyin     Vasolar Consortium     Saka Abimbola Isau     Ilofa     Afolayan     Salau Kabiru Abdullahi     Ibrahim Abduquadri Abikan     Abdulraheem Olesin     Babs Iwarere     Ndakene     March 18     Abdulrauf Yusuf     Oba David Oyerinola Adedunmoye     Tunji Moronfoye     General Tunde Idiagbon International Airport     Folaranmi Aro     Abdulmumini Jawondo     James Ayeni     Wahab Olasupo Egbewole     Babatunde Ajeigbe     NFAI     Abdulrazaq Solihudeen     Abubakar Baba     TETFUND     Hydroelectric Power Producing Areas Development Commission     Ahmed Shuaib Buranga     Afolabi-Oshatimehin     Lawan     Idi-Ape     Bamikole Omishore     Oladipo Akanmu Tolani     Oko-Olowo     Yahaya Abdulkareem Babaita     Ajidagba     Okin Group     Gbemisola Oguntimehin     Jawondo     CBT     Sambo Murtala     Saad Omo Iya     Admiralty Villa     Abdulsalam A. Yusuf     Kudirat Arinola Lawal     Bareke     Abubakar Imam     Stephen Fasakin     Adewuyi Funmilayo     Gbajabiamila     Aliyu Adebayo     Olupako     IsDB     Salaudeen Oyewale     Dauda Adesola     Ilorin     Adama Isa     Aliyu Alhassan     Toyin Sanusi     Lasiele Alabi Yahaya     Amuda Bembe     Ekiti     FOMWAN     Mahe Abdulkadir     Benin Republic     Kwara State Television (KWTV)     Sheikh Alimi     Ahmad Uthman     Funmi Salau     David Oyerinola Adedunmoye     Ayinde Oki     Kale Belgore     Ahmad Fatima Bisola     Sheikh Ariyibi     TVC Female National Debate     Abdullahi G. Mohammad     Jebba