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.

Mahmud Ajeigbe     Abdulwahab Ololele     Jare Olatundun     Tsaragi/Share     Kawu     Kwara Apc     Bola Tinubu     Buari Edun     Ilorin Talaka Parapo (ITP)     Saidu Yaro Musa     Ahmad Belgore     Abdullahi Dasilva Yussuf     Government High School (GHS), Adeta     Tunji Olawuyi     Bio Ibrahim     Usman Alkali Baba     Oke-Ero     3MTT     Abdulrosheed Okiki     Sabi     Risikat Lawal     Kwara Volleyball Association     Saad Omo Iya     Kolade Solagberu     Hussein Oloyede     Toyin Saraki     Isapa     Yusuf Amuda Aluko     Ajayi Okasanmi     Otunba Taiwo Joseph     Mumini Ishola Hanafi     Noah Yusuf     Issa Oloruntogun     Emir Of Ilorin     Eleja Taiwo Banu     Abdulrazak Shehu Akorede     Alaaya     Michael Ologundea     Alanamu     Umar Bayo Abdulwahab     Iqra Books     Isiaka AbdulRazaq     Osuwa     Najim Yaasin     Forgo Battery Company Limited     IsDB     Magaji Erubu     Hauwa Nuru     Bisi Kristien     Air Peace     Ilorin Emirate Staff Association     Khairat Gwadabe     Post Utme     Adesoye College     Students Union Government     A.G.F Abdulrasaq     JAMB     Lateef Fagbemi     Aliyu Muyideen     School Of Nursing     Yusuf Lawal     UTME     Muhammad Yahya     KWASEIC     Temitope Ogunbanke     Bello Bature     Abdulwahab Olarewaju Issa     Sodiya     Gbemisola Saraki     Awili Pedro     Kwara State University Of Education     Muslim Cementary     Zaratu Umar     Ogidi-Oloje     Ahmed Idris Mohammed     Taofik Mustapha     Olaoye B. Felix    

Cloud Tag: What's trending

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

Post-utme     Oyeyemi Olasumbo Florence     Ella Supreme Tissue Paper     Folorunsho Alao     Moses Afolayan     Fola Consultant     Jimoh Akani     Noah Yusuf     Afonja     Moro     Nagode     Jawondo     Alabere     Yaman     Madawaki     Lithium Deposit     AGILE Programme     Muhammad-Mustapha Suleiman     Joshua Adeyemi Adimula     United Nigeria Congress Party     Suleiman Rotimi Iliasu     Babajide Ajayi     Bolaji Abdullahi     Ojuekun Sarumi     Saliu Alamoyo     Okin Biscuits     KWACOBPA     Magaji Erubu     Adama Isa     Mahee Abdulkadir     Council Of The Wise     Doyin Agbamu     Paul Odama     Zulkifli Ibraheem     Onilorin Of Ilorin     Taofeeq Olateju     Maigida     Mazars Consulting     Garment Factory     Abdulkarim Adisa     Oro Grammar School Old Students Association     Prince Bola Ajibola     Ajeigbe     Ilota     Jide Oyinloye     Mutawali     Ibrahim Issa Jetti     Earlyon Technologies     N-Power     Elesie Of Esie     Yoonus Lawal     Kola Shittu     Centre For Digital Economy     Muftau Akanbi Oke     Bankole Omishore     Michael Nzwekwe     Ayinke Saka     Ike Ekweremadu     Saidu Kawu     Buari Edun     Sayomi     Moji Makanjuola     Bolakale Kawu     Taofik Abiodun Ahmed     Ibrahim Abikan     Olayinka Oladapo Jogunola     Musibau Akanji     Oba David Oyerinola Adedunmoye     Unilorin FM     Emir Of Yashikira     Economic And Financial Crimes Commission     Ilorin Like-Minds     Adegoke Bamidele     Henry Makinwa     Vasolar     Afetu Of Alabe     Saliu Tunde Bello