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.

Ayinke Saka     Aminu Ado Bayero     Emmanuel Bello     Sheriff Olanrewaju     Risikat Lawal     JSSCE     Amusement Park     Babaloja-General     Khairat Gwadabe     Jimoh Saadudeen Muhammed     Olomu Of Omu-Aran     Wahab Kunle Shittu     HAMFAT Clinic And Maternity     Erin-ile     Olajumoke Monsura Gafar     Sulaiman Gado     Mahfouz Adedimeji     Radio SBS     Special Adviser On Digital Innovation     Elelu     James Ayeni     Fareedah Dankaka     Abdulmumini AbdulRazaq     Segun Adeniyi     Read With Me     Sheikh Hamzat Yusuf Ariyibi     Olatunde Michaels     Folajimi Aleshinloye     Oja-Oba     Waziri Yakubu Gobir     Government House     Nigerian Correctional Service     Olaitan Adefila     Abdulwaheed Musa     Jumoke Gafar     Moses Adekanye     Sebastine Obasi     Abdulkadir Orire     Abdulsalam A. Yusuf     Memunat Monsuma     Tafida Of Kaiama     Colleges Of Education Academic Staff Union     Abdulfatai Baakini     Aminat Omodara     Bello Abubakar     Oloyede     Gobir     AbdulGaniyu Kareem     Offa Poly     Shade Omoniyi     Suleiman Abubakar     Oba David Oyerinola Adedunmoye     Garment Factory     Muritala Olarewaju     MMWG     Isiaka Alikinla     Omar Bolaji Gambari     Mary Arinde     Bola Iyabo Ibiyeye Adisa     Bello Oyedepo     Tunde Kazeem     Zubair Folorunsho Erubu     Abubakar Kawu Baraje     Okin High School     Haashim Initiative For Community Advancement     Samuel Elizabeth Keatswa     Joseph Alex Offorjama     Grillo     Mutawali     Albert Ogunsola     Elese Of Igbaja     General Hospital, Offa     Abdulmumini Sanni Jawondo     Sheikh Ridhwanullah     Hijab     Abdulrazaq Akorede     Rebecca Bake    

Cloud Tag: What's trending

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

Erubu Oba Zubair     Academic Staff Union Of Universities     Shuaib Boni Aliyu     Umar Bayo Abdulwahab     Bursary     Abdulrazaq Aiyelabegan     Abdulkadir Orire     Minimum Wage     Dagbalodo     Bond     Kwara State Branch Of The National Library     Rex Olawoye     Centre For Digital Economy     Olukotun Of Ikotun     Ike Ekweremadu     Kwara North     Bluenile Associates     Bank Of Industry     Bankole Omisore     AbdulQowiy Olododo     Sa\'adu Salau     Saliu Oluwole     Kaosarah Adeyi     Adama Isa     New Naira Notes     Saduki Lafiagi     Adaramaja     Abioye Bello     Abdullateef Abdussalam     Al-Ilory     Pilgrims Board     Moses Afolayan     Oloye     Lateef Ademola Olatunji     Mahee Abdulkadir     Sulu Babaita Isiaka     Kale Belgore     Mohammed Ghali Alaaya     Chartered Institute Of Personnel Management Of Nigeria     Olaitan Adefila     Bayer Nigeria Limited     Chief Imam Of Lafiagi     Alimi     Afonja Descendants Union     Olatunji Abdulmumeen     Osuwa     Ayodele Olaosebikan     Arinola Lawal     Abdulsalam A. Yusuf     Abdulraheem Olesin     Eleyele     Okala Baba     KwaraLearn     Shaykh Luqman Jimoh     Saka Aleshinloye     Majlis For Sadaqah, Zakat And Waqf     EndSARS     Salary     Sheu Ndanusa Usman     Ita-Nmo Market     Elerinjare-Ibobo     Oke Sunna     Yusuf AbdulRasheed     Ademola Kiyesola     Haleeman Salman     AGF Abdulrazaq     Chemiroy Nigeria Limited     Kwara United     Plat Technologies     Binta Abubakar Mora     Ilorin Metro Park     Oba Abu     Park     MMWG     Abdulmajeed Abdullahi     Jamiu Oyawoye     Ibrahim Oloriegbe