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.

Sam Okaula     General Hospital, Offa     Revenue Court     Jimoh Bashir     Aliyu Muhammad Saifudeen     Age AbdulKareem     Ilorin Talaka Parapo     Kazeem Oladepo     Ilorin East     Funmilayo Braithwaite     Arik     Kale Kawu     Tunde Saad     Fatai Olodo     Sulyman Buhari     Abdulfatah Ahmed     Umar Bayo Abdulwahab     Mope Dasuki Belgore     Ibraheem Abdullateef     Abdulkadir Orire     Rasheed Jimoh     Muhammed Danjuma     Mahee Abdulkadir     Akorede     IsDB     Bashir Badawi     Arinola Lawal     Benin Republic     GGDSS Pakata     Galland Marcias     Ilorin Muslim Community     Kamoru Kadiri     Muftau Akanbi Oke     Nurudeen Muhammed     Mufutau Gbadamosi Esuwoye     Ayegbeni     Jeunkunu-Malete-Bani     Amule     Shehu Alimi Foundation For Peace And Development     Umar Danladi Shero     Okin Malt     Suleiman Idris     Junior Secondary School Certificate Examinations     Mary Arinde     CCB     Isiaka Danmeromu     Michael Nzekwe     Ibrahim Abdulkadir Abikan     Bond     Mashood Dauda     Grillo     Abdulkarim Adisa     Nigerian Supreme Council For Islamic Affairs     Lawan     Folashade Omoniyi     Madawaki Of Ilorin     Ishaq Salman     Alfa Modibbo Belgore     AbdulRauf Keji     Mutawalle     Ahmed Idris Mohammed     Public Holiday     Abdulrazaq Magaji     JSSCE     Yusuf Arowosaye     Tosin Saraki     Chief Imam Of Lafiagi     Olatunji Moronfoye     Hajj     Ekiti     Quran     Bio Ibrahim     Musbau A. Akanji     Isapa     Local Government     Mohammed Lawal Bagega     Bamikole Omishore    

Cloud Tag: What's trending

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

CCEPE     Kwara State Internal Revenue Service     Junior Secondary School Certificate Examinations     CACOVID Palliatives     Academic Staff Union Of Universities     Abdulkadri Ahmad Alaiye     Hassan Taiye Salam     Valsolar     FERMA     Aisha Ahman-Pategi     Bureau Of Lands     Zaratu Umar     Sidikat Uthman Ajibola     Mary Arinde     Kwara University Of Education     Majlis For Sadaqah, Zakat And Waqf     Nurudeen Muhammed     Iyabo Dupe Adekeye     Shao     Olofa Of Offa     Shola Odetundun     Funmilayo Braithwaite     Kunbi Titiloye     MAI Akande     Belgore     Falokun-Oja     Basic Education Certificate Examination     Saadatu Modibbo-Kawu     Saheed Alakoso     Aisha Gobir     Okasanmi Ajayi     Moses Adekanye     KWAFFA     KFA     Kayode Bankole     Abdulmumini Sanni Jawondo     Innocent Okoye     Transition Implementation Committee     Offorjama     Hassan Saliu     Dagbalodo     Suwa-Arabs     Oba Mogaji Abdulkadir     Omupo     Logun     Bola Sagaya     Old Oyo     Onilu     Zulu Gambari     Shaykh Luqman Jimoh     Ramadan     Olatunde Oyeyiola     Okiki     Adisa Logun     Abdulrazaq Solihudeen     Eghe Igbinehin     Muazam Nayaya     Bolaji Gambari     Kabir Shagaya     Shehu Salau     AbdulHakeem Ajibola Akanbi     Khadijat Ayoola Yusuf     SSA Youth     Jide Oyinloye     NULGE     Arinola Lawal     Oloruntoyosi Thomas     Raji Ayodele Kamaldeen     Oyin-Zubair     Lawal Arinola Kudirat     Mamman Saba Jibril     Mohammed Ghali Alaaya     International Aviation College     Oya State     Ahmed Dankaya     Salihu Alhaji Musa     Musa Abdullahi