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.

Kayode Bankole     Dapo Teni Nig Enterprise     Senate President     Eruku     Salihu Yahaya     Durosinlohun Kawu     Kwarareports.com     Yakubu Danladi     Share-Tsaragi     Jamiu Oyawoye     Mohammed Danjuma     Haliru Dantoro     Ahmad Fatima Bisola     Danhawa     Baruten     ARMTI     NURTW     Issa Baba     Democracy Day     Hamidat Sulyman-Yusuf     Folaranmi Aro     Oniwasi Agbaye     Fatai Adeniyi Garba     Bond     Ibrahim Labaika     ER-KANG     Kayode Ishola     Al-Hikmah Radio     Nigerian Medical Association     Arinola Fatimoh Lawal     CBT     Yaman     Ibrahim Taiwo     Oye Tinuoye     Ibrahim Abdullahi     Baba Adini Of Kwara State     Senate Presidency     Trader Moni     First Lady     Busari Alabi Alausa     Abdulraufu Mustapha     Isiaka Alikinla     Dan Iya     Modupe Oluwole     Babatunde Ajeigbe     Ekweremadu     Ayobami Akanbi     Saliu Ajia     Hijaab     Rotimi Atere     Kwara Politics     Umar Gunu     Sai Kayi     United Nigeria Airline     FOMWAN     Sobi     Bareke     Ilofa     AbdulRaheem Ahmad Shayi     Jumoke Monsura Gafar     SAPZ Project     Baboko Primary School     John Olobayo     Kayode Zubair     Ojo Fadumila     Ayinde Oyepitan     Aisha Gobir     Muhammadu Gobir     Yusuf Abubakar     Suraj Tunji Oyewale     Jumoke Gafar     Katibi Ibraheem Adeola     Ebola     Adamu Attah     Alloy Chukwuemeka     Akume     Aminu Adisa Logun    

Cloud Tag: What's trending

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

Ambassador Kayode Laro     Fola Consultant     Gbugbu     Olatunde Michaels     A.E. Afolabi     Ibrahim Bio     Abdulrahman Abdulrazaq     UITH     Iyabo Dupe Adekeye     QuickWin     Bureau Of Lands     Senate     Muhammad Fawaz Abubakar     Ubandoma     Ijakadi     Raliat AbdulRazaq     Freshvine Nigeria Limited     KWIRS     David Oyerinola Adedunmoye     Bursary     Mary Arinde     Christopher Odetunde     Toyin Olayinka Tejidini     ER-KANG     KWAFFA     Bello John Olanrewaju     Abdulmalik Bashir Mopelola Risikatullahi     Olatunde Olukoya     Olatunji Ibrahim     Sarah Jubril     Yusuf Lanre Badmus     Doyin Group     Geri-Alimi Split Diamond Interchange     Monthly Sanitation Exercise     Tafida Of Ilorin     Yusuf Badmus     Saheed Popoola     Florence Saraki     Ahmed Saidu Rufai     Emir Of Kano     Mohammed Abdulahi     Voices Of Tomorrow     Sunday Popo-Ola     Bayer Nigeria Limited     Kwara State Internal Revenue Service     Abdullahi Samari     National Information Technology Development Agency     Baba Issa Awoye     Mary Kemi Adeosun     Afetu Of Alabe     AGF Abdulrazaq     Bola Iyabo Ibiyeye Adisa     United Nigeria Congress Party     Hamid Bobboyi     CBT     Magaji Erubu     Patigi Regatta     Odogun Olushola Gabriel     Maryam Ado Bayero     Matthew Okedare     Talaka Parapo     AbdulQowiy Olododo     Muhammadu Gobir     Moses Adekanye     Volunteers Of Ilorin Community And The Emirate     Bamikole Omishore     Balogun-Ojomu     Lafiagi     Lai Mohammed     Abikan     Kazeem Gbolagade     Taofik Mustapha     Mahe Abdulkadir     Adeleke Ogungbe     Prince Bola Ajibola     Sola Saraki Educational Foundation     Saudat Abdulbaqi