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.

Amina Susa\'a De Ahmed     Mustapha Olanipekun     Anilelerin     Kwara Primary Health Care Development Agency     Salmon Babatunde Salmon     Bola Sagaya     Ahmad Uthman     Gbemi Saraki     General Hospital, Offa     Overland     Towobola Abdulrahman Toyin     Read With Me     Suleiman Rotimi Iliasu     Risikat Lawal     Lucky Omoluwa     PPS     Al-Adaby     Khairat Gwadabe     Sodiya     Saad Omo Iya     Kwara Pdp     Tunji Oyawoye     Lawal Olohungbebe     Lateef Alagbonsi     Nigeria Governors\' Forum     Rafiu Olasile     Muslim Media Watch Group Of Nigeria     A.G.F Abdulrasaq     COEASU     Abdulmumin Yinka Ajia     Aminat Ahmed     Suleman Abubakar     Adedayo Yusuf Abdulkareem     2023 Elections     Kwara University Of Education     Razak Atunwa     Kwara Liberation Group     Erin-ile     Sa\'adu Salau     Nigeria Foundation For Artificial Intelligence     Ajibola Saliu Ajia     Amoyo     Mohammed Tunde-Jimoh     Balogun Fulani     Iyaloja-General     Monsurat Omotosho     Ibrahim Abdullahi     07039448763     Asiwaju Bola Tinubu     Kwara NIPR     Abdulmumini Sanni Jawondo     Saliu Alamoyo     Just Event Online     Oro Grammar School Old Students Association     GAMA     Gobir     Mahee Abdulkadir     Umar Ahmed Gunu     Jimoh Olusola Imam     Abdulmajeed Wahab     Voices Of Tomorrow     Kwara Polytechnic     Ajikobi     Modupe Oluwole     Abdulrasheed Lafia     Yakub Lai Gobir     Alaro     Titus Suberu-Ajibola     Folorunsho Erubu     Maryam A. Garuba     N-Power     Funmilayo Oniwa     Funmilayo Braithwaite     SSA Youth     Muhammed Mahe Abdulkadir     Salman Alada     KWASEIC    

Cloud Tag: What's trending

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

AIT Ilorin     Abdullahi AbdulMajeed     Titus Suberu-Ajibola     Clara Nwachukwu     Harafat E. Mukadam     Lanre Issa-Onilu     IPSAS     Lithium Deposit     Emir Of Ilorin     Madawaki     Ijagbo Health Centre     Muazam Nayaya     Sa\'adu Gambari     Amos Bajeh     Maryam Nurudeen     Sherif Shagaya     Jebba     Muftau Akanbi Oke     Abdulhakeem Amao     Okin Biscuits     CBT     Raji AbdulRasaq     Baboko     Abatemi Usman     MATTA Girls Foundation     Ifelodun     Olatunde Michaels     Tunde Yusuf     Sulyman Atolagbe Alege     KW-GIS     Mary Kemi Adeosun     Gwanara     Dan Iya     April 11     Aro Yahaya     Abdulrauf Aliyu     Saliu Alamoyo     Rotimi Atere     Olaitan Buraimoh     Saka Saadu     Sherif Sagaya     Olota Of Odo-Owa     Iyaloja-General     Special Agro-industrial Processing Zone     AbdulRauf Keji     Centre For Digital Economy     Toyin Sanusi     Magaji Nda     Seun Bolaji     Shonga Farm Project     Ahmad Olayiwola Kamaldeen     Charcoal     Council Of The Wise     Code Of Conduct Tribunal     Garba Dogo     Niyi Osundare     Demola Banu     Hussein Oloyede     C2c@kwarastate.gov.ng     Alfa Modibo Belgore     Baba Adini Of Kwara State     Kola Shittu     Iqra Books     Wahab Olasupo Egbewole     Abdulrahman Abdulrazaq     Ado Bayero     Suleiman Yahya Alapansapa     Kwara State Fire Service     Gbenga Awoyale     Sarkin Malamai     Kabir Shagaya     Aminu Adisa Logun     Dele Momodu     Ballah     Ambassador Kayode Laro     Siraj Oyewale     Onikijipa