As the plot by APC to impeach Senator Bukola Saraki thickens, two PDP
lawmakers, Senator Rafiu Adebayo and Senator Isa Misau, have filed a
lawsuit against the Attorney-General of the Federation, the police, the
Department of State Services, the Senate and seven others in order to
stop any attempt to remove Saraki as Senate President.
According to Punch, Senators Adebayo and Misau, who are supporters of
Saraki and represent Kwara-South and Bauchi central senatorial
districts respectively, instituted the fresh court action marked
FHC/ABJ/CS/872/2018 before a Federal High Court sitting in Abuja
yesterday August 13th.
Other defendants in the suit are: the majority and deputy majority
leaders of the Senate, the Clerk of the Senate, the Deputy Clerk of the
Senate, the Senate President, the Deputy Senate President and the Deputy
Minority Leader.
In the originating summons filed on their behalf by Mahmud Magaji
(SAN), the plaintiffs want the Federal High Court to determine whether
in view of the provisions of Section 50(1) (a) and (2) of the 1999
Constitution, Saraki, who defected to another political party as a
result of the division in his former party, can be made to vacate his
office other than in accordance with Section 50 of the constitution.
The senators also want the court to determine whether Saraki can be
compelled to vacate his office on the grounds that he is not a member of
the political party with a majority of senators in the Senate in view
of the combined reading of Section 50 of the constitution and Order 3
Rule 8 of the Senate Standing Orders.
The court was also urged to determine whether the Senate President
could be said to have vacated his office by virtue of Section 50(2) of
the constitution when he had not ceased to be a member of the Senate or
the Senate dissolved.
In a motion on notice filed along with the originating summons, the
plaintiffs prayed the court for an order of interlocutory injunction
restraining all the defendants (except the Senate, Senate President and
Deputy Senate President) jointly and severally either by themselves,
their agents, servants and privies from unlawfully removing the Senate
President pending the hearing and determination of the substantive suit.
They also prayed the court for another order of interlocutory
injunction restraining the AGF and the Inspector-General of Police from
unlawfully interfering with the lawful legislative duties of the Senate
President pending the hearing and determination of their originating
summons.
Besides, the plaintiffs asked for an order of interlocutory
injunction stopping the IG and the DSS from harassing, intimidating,
arresting or detaining the President of the Senate in respect of the
lawful exercise of his duties pursuant to Section 50(1) of the
constitution and another order directing parties in the case to maintain
status quo pending the determination of the substantive matter.
The motion was predicated on seven grounds amongst which were that
the agents of the IG and DSS had taken steps to flagrantly breach the
provisions of Section 50 by employing their agents to disrupt the
plenary of the Senate without recourse to the said provisions.
Another grounds were that the constitutional provision of removal of
the Senate President does not empower the AGF, police and DSS to
unlawfully interfere with the legislative duties of the Senate by
causing a blockade at the premises of the National Assembly complex or
using their agents to disrupt the lawful duties of the Senate.
In a 13-paragraph affidavit in support of the motion on notice and
deposed to by Senator Isah Misau, he averred that the Senate was a body
recognised and established by the 1999 Constitution vested with powers
of making laws for the good governance and well-being of the Federal
Republic of Nigeria.
The deponent averred that the Senate held a plenary sitting between
July 24 and 27 and that it was presided over by its President and that
at the end of the sitting members adjourned till September 25.
Misau claimed that the All Progressives Congress as a platform for
the Senate President had been bedevilled by crises resulting in
divisions and factionalisation at the federal, state and local
government levels.
Home NEWS Senators sue AGF, DSS, Police over alleged plans to impeach Sen.Bukola Saraki.
Senators sue AGF, DSS, Police over alleged plans to impeach Sen.Bukola Saraki.
By itossed At August 14, 2018 1
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