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.

Kolade Solagberu     Kemi Adeosun     Rotimi Samuel Olujide     Tescom.kwarastate.gov.ng     Bayo Onimago     College Of Health     Joana Nnazua Kolo     Olatunji Ayeni     Wakilin Mata Lafiagi     Talaka Parapo     Abdulrahman Iliasu     Aisha Ahman-Pategi     Balogun Gambari     Yusuf AbdulRasheed     Elerinjare     Al-Adaby     Yakubu Danladi     Adebara     Ajakaye     Ibrahim Abiodun     Agbarere     Asiwaju Bola Tinubu     Government High School (GHS), Adeta     Rice Farmers Association Of Nigeria     Saka Saadu     Eleja Taiwo Banu     Olaiya Zuberu     Baaziki Sulaiman     Garba Ayodele Wahab     Clara Nwachukwu     NNPP     Face Masks     General Hospital, Offa     Ayeyemi Sulaiman     A.G.F Abdulrasaq     Jaigbade Alao     Sidikat Uthman Ajibola     Orisun Igbomina     Oro Grammar School Old Students Association     Muhammad Yahya     Aso Ofi     Flights To Ilorin     Adewuyi Funmilayo     Olomu     NSCIA     Monsurat Omotosho     Fola Consultant     Hydroelectric Power Producing Areas Development Commission     Dan Iya Of Ilorin     Bolaji Abdullahi     CACOVID     Saadu Yusuf     Baba-Isale     Unilorin     Obasanjo     Modupe Oluwole     Ejidongari     Yakubu Mohammed Abdullahi     Mahee Abdulkadir     Saheed Popoola     Lawal Arinola Kudirat     Muhammed Aliyu     Sola Saraki University     Yahya Mohammed     Agbarigidoma     Yahaya Jibril Usman     Yusuf Abubakar     Raymond Olaitan     Ojo Isekuse     Ajuloopin     Shehu Raheem Adaramaja     Ben Duntoye     Oni Adebayo     Kwasu     Chief Imam Of Ilorin     Mashood Dauda     Saidu Yaro Musa    

Cloud Tag: What's trending

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

Maryam A. Garuba     Saad Belgore     IPSAS     S.O. Opowoye     Oyin-Zubair     Toyin Olayinka Tejidini     Gbajabiamila     Rafiu Ajakaye     Binta Sulyman     ER-KANG Mining     Arinola Lawal     A.O. Belgore     Kwara Central     Ganiyu Abolarin     College Of Arabic And Islamic Legal Studies     Folajimi Aleshinloye     Abdulhakeem Adelaja Amao     Neuropsychiatric Hospital     Rueben Parejo     Abdulrosheed Okiki     Toyin Abdullahi     Ilota     Abiodun Abdulkareem     Pacify Labs     Kulende     Abdulrazaq Adebayo     Joana Nnazua Kolo     Christopher Tunji Ayeni     Laboratory-to-Product     Abdulganiyu Oladosu     Yusuf AbdulRasheed     SARS     Adebara     Adisa Logun     Harrison Osauwagboe     Metro Park     Yusuf Amuda Aluko     Alfa Modibo Belgore     Kayode Zubair     Adeleke Ogungbe     Basic Education Certificate Examination     Saka Adeyemo     Stephen Fasakin     Federal College Of Education (Special), Afon     Kazeem Adekanye     Ayo Opadokun     Arandun     Femi Ogunsola     Tunji Olawuyi     Olatunde Oyeyiola     Moshood Bakare     Y.A. Abdulkareem     Aisha Abodunrin Ibrahim     Law School Scholarship     Kolade Solagberu     IHS Towers     Olayinka Oladapo Jogunola     AbdulRasaq Abdulmajeed Alaro     Ashiru     Idris Garba     Senate President     Federal Polytechnic Offa     Bayo Ojo     Ibrahim Taiwo Road     Muazam Nayaya     Tayo Alao     Oke-Oyi     Agor     Abdul-Rahoof Bello     Muritala Awodun     Mustapha Olanipekun     Yusuf A. Usman     State Bureau Of Internal Revenue     Femi Agbaje     Abdulsalam A. Yusuf     Ibrahim Taiwo     Kwara State Geographic Information Service