Court restrains Saraki, others from considering report on 2018 Senate’s invasion

Court restrains Saraki, others from considering report on 2018 Senate’s invasion

Eric Ikhilae, Abuja

A High Court of the Federal Capital Territory (FCT) in Bwari has restrained the Senate President, Bukola Saraki, Speaker of the House of Representatives, Yakubu Dogara and eight others from considering the report of the Senate’s ad-hoc committee set up to probe the April 18, 2018 invasion of the Senate by some unidentified hoodlums.

Justice Othman Musa, in a ruling on Monday, said the restraining order shall remain pending the determination of a suit filed by Senator Ovie Omo-Agege, in which he challenged the legitimacy of the ad-hoc committee constituted by the Senate’s leadership on April 25, 2018 in the wake of the invasion, during which the Senate’s mace was also stolen.

Justice Musa said “Leave is granted to the Applicant to serve the 1st – 10th respondents by substituted means, by serving the originating motion and other processes in the suit on any responsible clerk or staff at the office of the Clerk of the National Assembly, at the National Assembly Complex, Three Arms Zone, Federal Capital Territory, Abuja or publishing same processes on any national daily with national circulation.

“Reliefs iii, iv, v, vi are not granted as prayed, in its place, the 1st – 10th respondents are ordered and admonished not to obstruct the cause of justice and abide by the authority in the Supreme Court decision in UBA Plc vs. Ajabule 2011 LPELR 8239 SC and Military Governor, Lagos State vs. Ojukwu.

“To this end, the respondents, their servants, agents, officers, privies, sergeants at arms or whosoever are restrained from taking any further action on this subject matter, and to maintain the status quo as of today, pending the hearing of the originating motion.

“Originating motion and all pending applications are fixed to the 13th day of May, 2019 for definite hearing. Case is adjourned to the 13th day of May 2019 for definite hearing. “

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Listed as 1st to 10th defendants include: The President of the Senate, the Speaker of the House of Representatives, the Deputy Senate President, the Deputy Speaker of the House of Reps, Senator Ahmed Lawan (Senate Leader), Senator Bala Na’Allah (Chairman, joint ad-hoc committee investigating the Invasion of the National Assembly on the 18th of April 2018 and the theft thereof of the mace) for himself and on behalf of all other members of the committee.

Others are: Hon. Betty Apiafi (Co-Chairman Chairman, joint ad-hoc committee investigating the Invasion of the National Assembly on the 18th of April 2018 and the theft thereof of the mace), the Clerk of the National assembly, the Clerk of the Senate and the Clerk of the House of Reps.

Omo-Agege stated, in the suit marked: BW/M/204/2019, that Saraki had, before setting up the ad-hoc committee, told the press that he (Omo-Agege) was responsible for the invasion.

He argued that by so acting, the Senate President has prejudged the outcome of the investigation by the committee.

The Senator wants the court to, among others, declare that, by virtue of Section 14(2) of the Legislative Houses (Powers and Privileges) Act, 2017 it is ultra vires of the power of the respondents and unlawful for them to reprimand or suspend him from service of the legislative house to the end of legislative session which date is on or about Thursday. the 6th day of June. 2019.

He also seeks a declaration that the attempt to try, indict. suspend, humiliate and destroy the political career of the applicant by the respondents and their agents without any verifiable proof of the applicant committing any known offence and without justifiable legal reasons whatsoever is not in accordance with the procedure permitted by law and ipso facto iIlegal, unlawful and unconstitutional.

Omo-Agege is praying the court for an order of perpetual injunction  restraining the Senate President, the House of Reps’ Speaker, the Deputy Senate President, The Deputy Speaker, the Clerks of the National Assembly, the Senate and House of Reps (listed as 1st, 2nd, 3rd. 4th, 8th, 9th and 10th respondents)  and their  agents “from further inquiring into, investigating, hearing or determining any issue whatsoever arising from, or pertaining to the invasion of the National Assembly by some unknown thugs and hooligans on the 18th April, 2018 and the theft thereof of the Senate mace or recommending the imposition of any sanction or penalty on the applicant in connection with the said invasion”

(C) The Nation

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