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.

Adamu Attah     Olajumoke Monsura Gafar     GAMA     Abatemi-Usman     Onilu     ER-KANG Mining Nigeria Company Limited     Ifelodun     Segun Ogunsola     National Broadcasting Commission     Clara Nwachukwu     Maimunat Oniyangi     Olosi Of Osi     Sunday Fagbemi     Kayode Ibrahim     Abdulrahman Abdulrazak     Aasiyat Bello Oyedepo     United Nigeria Congress Party     Ileloke     Amuda Musbau     Jebba     Dapo Teni Nig Enterprise     Abdulwasiu Bolaji Adeyi     Pius Abioje     High Court     Bolakale Saka     Royal FM     Moses Adekanye     Saeedat Aliyu     Femi Gbajabiamila     Abdulrahman Abdulrazaq     Demola Banu     Igosun     Mukhtar Shagaya     Kwara Polytechnic     Balogun Gambari     Iliasu     Police Commissioner     Ita-Ore     Abubakar Baba Sulaiman     Jamila Bio Ibrahim     Simeon Ajibola     Okedare     Idris Amosa Oladipo Saidu     Sa\'adu Salau     Ayeyemi Sulaiman     Mutawalle     George Innih     ER-KANG Mining     Yahaya Dumoye     Nagode     Hijaab     Yomi Ogunsola     Gambari     Obuh     Maryam Nurudeen     Mohammed Ghali Alaaya     Ajasse-Ipo     Charles Ibitoye     Gbenga Olawepo     T And K FOODS     Abdullateef Abdussalam     Shettima Of Ilorin     Bond     EndSARS     Centre For Peace And Strategic Studies     Imodoye Writer’s Enclave     Kwara State Fish Farmers Association     Wahab Agbaje     Abdulrahman Abdulrasak     Lanre Badmus     Rotimi Samuel Olujide     Buari Edun     Abdulkadir Jimoh     Muritala Olarewaju     Erin-ile     Bayo Ojo     Abubakar Imam    

Cloud Tag: What's trending

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

Olajumoke Monsura Gafar     Madawaki Of Ilorin     Olayinka Oladapo Jogunola     Yusuf Zulu-Gambari     Funmilayo Braithwaite     Olufolake Abdulrazaq     Bamikole Omishore     Moses Salami     Teachers Specific Allowance     Okin Biscuit     IQRA College     BIR     Tunji Moronfoye     Savannah Centre For Diplomacy, Democracy And Development     Rex Olawoye     Hassan Taiye Salam     Gbemi Saraki     Woro     Sobi Specialist Hospital     Bank Of Industry     Hamza Usman     Muhammadu Buhari     Kazeem Adekanye     Sebastine Obasi     Adolescent Girls Initiative For Learning And Empowerment     Ilorin West/Asa Federal Constituency     Elesie Of Esie     Kwara Primary Health Care Development Agency     Haruna Tambiri Mohammed     Ishaq Abdulkarim     Valsolar     General Tunde Idiagbon International Airport Ilorin     Odolaye Aremu     Offa     Rebecca Bake     Bolakale Kawu     Hausa     GRA     ITP     Omotoso Musa     SAPZ Project     Florence Saraki     Kehinde Boyede     Yakubu Dogara     Village Alive Development Association     Bolaji Gambari     Alfa Modibo Belgore     Malete     Ebola     Shaykh Luqman Jimoh     David Adesina     Tayo Alao     Kupchi Hosea Maxwell     Budo Egba     Abdulkareem Alabi     Ridhwanullah Al-Ilory     Police Commissioner     Hijab     Kunle Akogun     CCT     AbdulRasaq Abdulmajeed Alaro     Yaru     Abegunde Goke     Balogun Gambari     Ile Arugbo     Bolaji Nagode     Isau     Vasolar-Kwara Company Ltd     Just Law Forum     AbdulRazaq AbduMajeed Alaro     Yusuf A. Usman     Monthly Sanitation Exercise     KWASIEC     Jumoke Monsura Gafar     Alagbado     Bilikisu Oniyangi     Afin Descendants Union Of Odo-Owa