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Senators Sue Saraki For Forging Senate Rule, Abuja High Court Rejects Saraki’s Move To Stop Lawsuit

saraki forged senate rule

August 5, 2015 – Abuja High Court Upholds Senate Forgery Lawsuit, Rejects Saraki’s Bid To Stop It, Sacks His Lawyer

Senators Sue Saraki For Forging Senate Law To Emerge As President, Abuja High Court Rejects Saraki’s Bid To Stop Suit

A Federal High Court in Abuja Wednesday rejected a complaint by Senate President, Bukola Saraki against a suit seeking to sack him and other principal officers of the Senate elected under the controversial Senate Standing Orders 2015.

His lawyer, Sikiru Oke told the court that he appeared for the Senate President “in protest” and has not filed “memorandum of appearance” which must be filed before a lawyer could enter appearance for a party in a case.

The proceedings were in relation to a suit marked: FHC/ABJ/CS/651/2015 filed by senators who are opposed to the emergence of Saraki as the Senate President.

They are Senators Abu Ibrahim, Kabir Marafa, Ajayi Boroffice, Olugbenga Ashafa and Suleiman Hunkuni. Defendants to the suit are Saraki, Deputy Senate President, Ike Ekweremadu; the National Assembly, the Clerks of the National Assembly and the Senate.

The plaintiffs seek among other prayers and order nullifying the Senate Standing Orders 2015 as well as the election of Saraki as the Senate President and that of Ike Ekweremadu as the Deputy Senate President, ‎for being products of the alleged illegal rules.

Justice Gabriel Kolawole had at the last hearing in the case, (July 28, 2015) adjourned the case to Wednesday for the hearing of the plaintiffs’ motion on notice seeking an order restraining Saraki and other defendants from going ahead to constitute the standing committees of the Senate pending when their suit challenging the validity of the Senate Standing Orders 2015 is determined.

Oke contended that court processes in the case were served on his office instead of being served personally served on his client, as prescribed the Federal High Court Rules 2009.

Plaintiffs’ lawyer, Dele Adesina (SAN), in a counter argument, contended that there are obligatory provisions of the same court rules which envisages and validates service on Saraki through his office.

Adesina also argued that Oke could not be heard since he had yet to file memorandum of appearance to appear for the first defendant (Saraki).

Ruling, Justice Kolawole upheld Adesina’s position and disqualified Oke from appearing for Saraki during the proceedings.He directed that the case be transferred to another judge, Justice Adeniyi Ademola, who will take over as the vacation judge of the Federal High Court in Abuja on August 10. He adjourned to August 13.

Justice Kolawole had, in a ruling on July 28, dismissed an ex parte application by the plaintiffs in which they had earlier sought the restraining order against the constitution of the senate standing committees.

In the ruling, Justice Kolawole said the disputes arising from the alleged forgery of the Senate Standing Orders constituted internal legislative affair of the Senate which the court would not want to intervene in.

[NAN]

5 Comments

5 Comments

  1. Damien Njoku

    August 5, 2015 at 7:39 PM

    pay time back has come, sorry for your loss

  2. JAMOON DEFINITION(GBS)

    August 5, 2015 at 8:57 PM

    They are unremovable , anyone who is not happy with Saraki / Ekweremmadu should remove them let me see.

  3. Jilo

    August 5, 2015 at 10:08 PM

    In order to reedem our image back to where it should be as a Nation, it has to start from Judiciary branch of our government. The Supreme Court judges at varous benchs must adequately use their influence to interprets the law in accordance with applicable rule of law and in anticipation to what is expected of them by the citizens of this Country. The Judges may as well use their influence and use technicalities of law to bring us back to the old circumstances that ruined this nation, it all depends on them. Whatever verdict they may arrive at, they will also benefit from it. Last week a senior judge was kidnapped by professional criminal who suppose to be behind prison bar. If not for the timely intervention of our law enforcement officers, that judge might have been killed. The current senate president Bukola Saraki should not be allowed to continue as senate president because of controversy and dubious manner that brought him to that position. In order for rule of law to be our watchword and for transparency, the Ballot for senate/ deputy senate seat must be recasted. Bukola can still remain on the ballot but let both senators from both side of aisle sit down in full plenary and elect whomever they choose to represent them. We need to stop doing things through the back door if democracy must prevail in this Country.

  4. edebir

    August 6, 2015 at 11:55 AM

    SARAKI GET READY TO DROP THAT MAZE.. the dyme is cast and the game is up.. you can’t beat the finger that feed you. saraki.. saraki..saraKI!!!!! how many times did i call U..

  5. dare

    September 20, 2015 at 2:14 AM

    I never regretted voting for president M B

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