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.

Babaita     Osi     Oba Abdulkadir La\'aro     Abdulmumini Sanni Jawondo     Special Adviser On Digital Innovation     Okin High School     Mutawalle     ENetSuD     Kunbi Titiloye     Abdulsalam Firdaous Amosa     SSUCOEN     Babatunde Ishola Babaita     Abdulmutalib Shittu     Babatunde Ajeigbe     Eghe Igbinehin     Ubandoma Of Ilorin     Roseline Oni Aremu     Abdulfatai Salman Baakini     Suleiman Rotimi Iliasu     Veterinary Teaching Hospital     Sardauna     Yusuf Arowosaye     08001000100     Mufti Of Ilorin     Soffiyyallah Kamaldeen     Abdulkadir Akanbi-Oke     Durbar Festival     Mope Dasuki Belgore     Abdulrahman Onikijipa     Ibraheem Adeola Katibi     Wahab Agbaje     Ramadan     Jumoke F. Ajao     Adedipe     Saad Omo\'ya     Saka Onimago     Abdulsalam A. Yusuf     PharmAccess Foundation     March 28     Baba Issa     Isaac Aderemi Kolawole     Ilorin Amusement Park     Ilorin West     Age AbdulKareem     Kwara State Football Association     Principal Private Secretary     Government High School Adeta     Peculiar Allowance     Al-Adaby     Turaki Of Ilorin     Trader Moni     Odolaye Aremu     Ibrahim Oniye     Baruba     2023 Elections     Abdulrazaq Adebayo     Abubakar Imam     Senior Ibrahim Suleiman     Kudirat Arinola Lawal     Gabriel Fashanu     IEDPU     Lukman Oyebanji Fagbemi     Tafida     Ahmed Alhasssan     Council Of The Wise     Kaiama     Tsado Manman     Reuben Paraje     Olaitan Adefila     Michael Nzwekwe     Abdulmajeed Wahab     Junior Secondary School Certificate Examinations     Baba Isale     Bank Of Industry     Egbejila     Tosho Yaqub     Raimi Iyanda    

Cloud Tag: What's trending

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

Col. Taiwo     Saidu Yaro Musa     Gobir     Ajia-Bako     Abdullahi Adisa Akodudu     Kwara Consultative Forum     Rex Olawoye     Kwara North     Lawan     Ijakadi     Akom Construction And Engineering Synergy Ltd     Lanre Olosunde     Shaaba Lafiagi     Abdullateef Abdussalam     Park     Oniwa     Bashirat Bola Bello     Joshua Adeyemi Adimula     MAI Akande     Age AbdulKareem     Assayomo     Ajibike Katibi     Patigi Regatta     Mustapha Olanipekun     CLAY POT     Kunle Okeowo     Folorunsho Erubu     Bolaji Abdullahi     Principal Private Secretary     Offa Metropolitan Club     Shade Omoniyi     Gbemi Saraki     David Adesina     Idris Amosa Saidu     Split Diamond Interchange     Lai Mohammed     Ayekale     Ibrahim Agboola Gambari     Ilesha Gwanara Road     Olawuyi     Jamila Bio Ibrahim     Folajimi Aleshinloye     Valsolar Consultoria     Azeez Salawu     Omotoso     Ilorin Emirate     Mutawali     Wahab Issa     Ilorin Central Mosque     Abdulkadir Jimoh     Oyin-Zubair     Kemi Adeosun     IHS     Abdulmumin Yinka Ajia     Bola Olukoju     Bello Abubakar     Yahaya Dumoye     Ella Supreme Tissue Paper     Esuwoye     Nigeria Computer Society     Abdulkadir Remi Hawawu     KWTV     Ubandoma     Ramadhan     David Oyedepo     Abdulganiyu AbdulAzeez     Shuaib Abdulkadir     Towoju     Okoolowo     Sai Kayi     Ajasse-Ipo     Adesoye College     Jumoke Monsura Gafar     John Olobayo     Rice Farmers Association Of Nigeria     Dar-Al-Handasah Consultants Ltd     Woro