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.

Sango-UITH Road     Abdulfatai Ahmed     Babatunde Ishola Babaita     Jimoh Lambe Abdulkareem     Toyin Abdullahi     Taibat Ayinke Ahmed     Salihu Ajibola Ajia     Bola Magaji     Mashood Dauda     Adanla-Irese     Bilikis Oladimeji     PAACO-PCL Consortium     CACOVID     NSCIA     Alore     Ganmo Electricity Sub-Station     Peter Obi     Shuaibu Yaman Abdullahi     Shehu Alimi Foundation For Peace And Development     Makama Of Kaiama     Www.Kwarareports.com     07039448763     EndSARS     Mumini Ishola Hanafi     Abdulrazaq Magaji     Fatai Olodo     Dan Masanin     Kwarareports     Durosinlohun Kawu     Ibrahim Taiwo Road     Ganmo Power Sub-Station     Wale Oladepo     Umar Gunu     Halimah Perogi     AGF Abdulrazaq     Lai Gobir     PharmAccess Foundation     John Mayokun Dada     Zainab Abass     Odolaye Aremu     Abdulrazaq Adebayo     Gbenga Adebayo     Yusuf Babatunde Abdulwahab     Esuwoye     Imodoye Writer’s Enclave     Sanusi Abubakar     Olaiya Victor Mobolaji     Michael Imoudu National Institute For Labour Studies     Idowu Laro     Noah Yusuf     Abdulrahman Onikijipa     Lanre Olosunde     Toyin Sanusi     Plat Technologies Limited     Wahab Femi Agbaje     Razak Atunwa     MAI Akande     Asa LGEA School     Taofik Mustapha     Tafidan Kaiama     Overland     Olaoye B. Felix     Olaiya Lawal     Yusuf Lawal     Abatemi-Usman     Suwa-Arabs     Adolescent Girls Initiative For Learning And Empowerment     Adesoye College     Abdulrazaq Solihudeen     Kwara State Television     Abdulmajeed Abdullahi     Niyi Ogundiran     Abdulwahab Oba     Temitope Ogunbanke     Joseph Yemi Ajayi     Amoyo     Zulkifli Ibraheem    

Cloud Tag: What's trending

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

Oke-Ode     Rabiu Kwankwaso     Olatunde Olukoya     Ibrahim Agboola Gambari     Yahaya Seriki Gambari     Okin Group     Muhammed Aliyu     Yashikira     Ayinke Saka     Ajase-Ipo     Mohammed Tunde-Jimoh     NIPOGA     Bankole Omishore     Tuesday Assayomo     Azeez Bello     Alapansapa     Oke-Oyi     Raimi Iyanda     Anilelerin     Akom Construction And Engineering Synergy Ltd     Kwara Volleyball Association     Agboola Babatunde     Oba Of Jebba     AbdulRahman Saad     Amasa     Hausa     Jimba Babatunde     Sidikat Uthman Ajibola     Abubakar Baba     Iliasu     Mahmud Ayinla Giwa     Abdullahi Adisa Akodudu     Surajudeen Akanbi     Balogin Alanamu     Lanre Aremu     John Obuh     KWASEIC     Otunba Taiwo Joseph     Mohammed Ajia Ibrahim     Ministry Of Women Affairs And Social Development     KWASSIP     Sheriff Shagaya     Musa Yeketi     Alao Ayotunde     Abdulrazaq Magaji     Oko     Abdulrahman Abdulrazaq     UNILORIN Alumni Association     Patigi Regatta     Dankaka     Saka Saadu     Kwara Poly     Titus Suberu-Ajibola     Olajumoke Monsura Gafar     Nigeria Association Of Women Journalists     Ayo Opadokun     Durosinlohun Atiku     Nagode     Dorcas Afeniforo     General Hospital     Eghe Igbinehin     Jimoh Lambe Abdulkareem     Haliru Yahaya     Elese Of Igbaja     Yusuf Amuda Abubakar     Aso Ofi     Ishak Mohammed Sabi     Dagbalodo     Share-Tsaragi     AbdulRauf Keji     General Tunde Idiagbon International Airport Ilorin     Gbugbu     Ado Ibrahim     Ben Duntoye     Muhammad Mustapha Suleiman     Aliyu Muhammed     Razaq Atunwa