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.

Olatunji Bamgbola     Garba Ado Sanni     Kwara State Health Insurance Agency     Sabo-Oke     Kwara State Council Of Chiefs     Sabitiyu Grillo     Rotimi Atere     Lanre Issa-Onilu     Mansur Alfanla     YAKOOYO     Kwara Primary Health Care Development Agency     Afolayan     Oba Mogaji Abdulkadir     Paul Olawoore     Adewuyi Funmilayo     Onilorin     Atiku Abubakar     Mashood Dauda     Agbarigidoma     Bello Oyedepo     Kwara     Gaa Olobi     Kola Adesina     KWASSIP     Amasa     International Vocational Centre     Edret Sabi Abel     MINILS     Abdulkadri Ahmad Alaiye     Galland Marcias     Sheikh Hamzat Yusuf Ariyibi     Inside Kwara     Suleiman Rotimi Iliasu     Samuel Elizabeth Keatswa     Tunde Oyawoye     Student Learning Support Helpline     Centre For Community Empowerment And Poverty Eradication     AGILE Programme     Donatus Ejidike     Muslim Media Watch Group Of Nigeria     Ministry Of Women Affairs And Social Development     Nigerian Army     Ibrahim Mohammed     Eghe Igbinehin     UTME     Titus Suberu-Ajibola     Lotus Bank     Pakata Development Association     Umar Yakubu Jaja     Bamidele Adegoke     Manzuma     Baboko     Ganiyu Taofiq     Ilorin.Info     Folorunsho Alao     Sa\'adu Salahu     Emir Of Shonga     Kannike     Mutawalle     David Oyerinola Adedunmoye     Olupako Of Share     SWAN     Ahmed \'Lateef     Ibrahim Abdulqadir Abikan     Okiki     Al-Hikmah University     Ajayi Okasanmi     Modupe Oluwole     Leke Ogungbe     Azeez Salawu     Muhammad Mustapha Suleiman     Age AbdulKareem     Oke-Odo     Ayedun     Shonga Farm Project     Kehinde Boyede     Baba Idris    

Cloud Tag: What's trending

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

AbdulGafar Tosho     Kale Ayo     Read With Me     Abubakar Kawu Baraje     KWASSIP     Babajide Ajayi     Oloye     Tunji Ajanaku     Offa     JAMB     Ileloke     Samari     Oba David Oyerinola Adedunmoye     Tsaragi/Share     Senate President     Ayoade Akinnibosun     Elerinjare-Ibobo     Akom Construction And Engineering Synergy Ltd     Esuwoye     Just Event Online     John Olajide Adedipe     Olomu     Isiaka Saka Opobiyi     Bukola Saraki     Bilikis Oladimeji     Aisha Ahman Pategi     Jaigbade Alao     Orire     Oloriegbe     Olaiya Victor Mobolaji     Jelili Yusuf     Centre For Peace And Strategic Studies     Durbar     Alabere     Abdulfatai Ahmed     General Hospital     Yusuf Amuda Aluko     Bankole Omisore     Isiaq Khadeejah     Apata Ajele Secondary School     2023 Elections     Sulaiman Gado     Assayomo     Aisha Buhari     Javed Khan     Ambassador Kayode Laro     Wahab Agbaje     Cornelius Fawenu     Aremu Odolaye     All Confederation Of Principals Of Secondary Schools     Abdulmalik Bashir Mopelola Risikatullahi     Earlyon Technologies     Tunde Kazeem     Suleiman Ajadi     Olufolake Abdulrazaq     Village Alive Development Association     Kola Ologbondiyan     Baboko     Abdulwahab Oba     Durosinlohun Atiku     Valsolar-Kwara Company Limited     Olaiya Lawal     Titus Suberu-Ajibola     Ibrahim Mashood     Folashade Omoniyi     Taofik Mustapha     Arandun     Hajj     Aliyu Adebayo     Maryam Nurudeen     Chartered Institute Of Personnel Management Of Nigeria     Michael Ologundea     Okeose Christian Cementary     Vasolar-Kwara Company Ltd     College Of Arabic And Islamic Legal Studies     Alimi Abdulrazaq     Shuaib Jawondo