PDP Senators Ask Court To Stop Saraki’s Impeachment

Senators elected on the platform of the Peoples Democratic Party (PDP) yesterday prayed an Abuja Federal High Court to restrain the federal government from aiding and abetting the forceful removal or impeachment of Senate President Bukola Saraki from office. In a motion on notice filed by their council, Mahmoud Magaji (SAN), the plaintiffs are praying for an order of interlocutory injunction restraining the defendants from unlawfully removing the Saraki as Senate president pending the hearing and determination of the substantive suit. The plaintiffs, Senator Rafiu Adebayo (Kwara South) and Senator Isa Misau (Bauchi Central), are also praying the court for an order directing the parties in the suit to maintain status quo pending the hearing and determination of the substantive suit. The case, with suit number FHC/ABJ/CS/872/2018, was brought pursuant to Order 26 Rules 1, 2, and 7(1) of Federal High Court (Civil Proceedure) Rules 2009, and Section 6(6)((b) of the 1999 Constitution (as amended). Joined as defendants in the suit are the Senate, the Senate president, deputy Senate president, Senator Ahmed Lawal (Senate leader), Senator Bala Ibn Nallah (deputy Senate leader), Senator Emma Bwacha (deputy minority leader), clerk of the Senate, deputy clerk of the Senate, the Attorney General of the Federation (AGF), Inspector General of Police (IGP) and the Department of State Service (DSS). They are also seeking for an order of interlocutory injunction restraining the AGF and IGP from unlawfully interfering with the lawful legislative duties of Saraki as Senate president until the hearing and determination of the substantive suit. The plaintiffs also want an “order of interlocutory injunction restraining the 10th to 11th defendants from harassing, hounding intimidating, arresting or detaining the 2nd defendant in respect of the lawful exercise of his duties pursuant to Section 50(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as attended), until the hearing and determination of the substantive suit”. In the substantive suit brought by way of originating summons, the plaintiffs are praying the court to determine whether in view of the provisions of Section 50 (1)(a) and (2) of the 1999 Constitution, the Senate president who defected to another party as a result of division in his former party can be made to vacate his office other than in accordance with the provisions of Section 50 (2) of the Constitution. Other question raised by the plaintiffs for the court to determine include: “Whether by a combined reading of Section 50(1)(a) and (2) of the Constitution and Order 3 Rule 8 of the Senate Standing Orders, 2015 (as amended), the President of the Senate can be compelled to vacate his office on the ground that he is not a member of the party with majority of senators in the Senate? “Whether by a combined reading of Section 50(2)(a) of the Constitution and Order 3, Rule 8 of the Senate Standing Orders, 2015 (as amended) the President of the Senate can be said to have vacated his office by virtue of Section 50(2)(a) of the Constitution when he has not ceased to be a member of the Senate? “Whether the President of the Senate can be said to have vacated his office as President at the Senate by virtue of Section 50(2)(b) of the Constitution when the 8th Senate of which he is the President has not been dissolved?” Upon the determination of these questions, the plaintiffs are seeking a declaration of the court that the President of the Senate cannot be made to vacate his office other than in accordance with the provisions of Section 50(2) of the Constitution. Other reliefs sought for include: “A declaration that Saraki cannot be compelled to vacate his office on the ground that he is not a member of the party with majority of Senators in the Senate. “A declaration that cannot be said to have vacated his office by virtue of Section 50(2)(a) of the Constitution when he has not ceased to be a member of the Senate. “A declaration that the President of the Senate cannot be said to have vacated his office as President of the Senate by virtue of Section 50(2)(b) of the Constitution when the 8th Senate of which he is the President has not been dissolved. “A declaration that the President of the Senate cannot be said to have vacated his office by virtue of Section 50(2)(c) of the Constitution when he has not been removed from office by the votes of not less than two third majority of the members of the Senate”. In addition, they want a declaration that in view of Section 50 (2)(c) and the fact that the members of the Senate are 109 in number, any number less than 72 out of the 109 members of the Senate cannot validly sit and remove Saraki whether by impeachment or whatever name. Further more, the plaintiffs want the court to declare that by a combined reading of Sections 5 and 150(1) of the Constitution, any of the 8th to 10th and 11th defendants or their privies, agents, servants in whatsoever name so called cannot validly enforce any act of the 1st, 3rd to 8th defendants, whether jointly or severally, removing the 2nd defendant from office without such act being in compliance with Section 50(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Accordingly, the plaintiffs prayed the court for an order restraining the 9th, 10th and 11th defendants, either by themselves, agents, servants, privies by whatsoever name so called from enforcing any act of the 1st, 3rd to 8th defendants purporting to have removed the 2nd defendant from office without such act being in compliance with the provisions of Sections 50 (2) of the 1999 Constitution. Also, in an affidavit deposed to by Senator Isah Misau in support of the originating summon, the plaintiffs informed the court that operatives of the Police and the DSS have taken steps to flagrantly breach the provision of Section 50 (i) and 2 of the Constitution by disrupting the plenary of the Senate without recourse to the provision to Section 50 (2)(c) of the 1999 Constitution (as amended). Misau argued that the constitutional provision of removal of the Senate president as contained in Section 50 (2) (c) of the Constitution does not empower the AGF, the IGP and the DSS to unlawfully interfere with the legislative duties of the Senate by causing blockade at the premises of the National Assembly Complex or using their agents to disrupt the lawful duties of the Senate of the Federal Republic of Nigeria. No date has been fixed for the hearing of the case. A’Court Halts Arrest Of INEC Chairman Meanwhile, the Court of Appeal in Abuja yesterday ordered a stay of execution of the warrant of arrest issued on chairman of the Independent National Electoral Commission (INEC), Mahmoud Yakubu. The court made the order pending the determination of the appeal filed by the INEC boss against the ruling of a Federal High .....


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Saraki is a goner!

Why did he want to dead dia too let he go now