Legal Nigeria

Court refuses to stop Saraki from performing official functions

A Federal High Court sitting in Abuja yesterday refused an exparte application by five senators seeking to stop the Senate President, Dr. Bukola Saraki, from per­forming his constitutional legislative duties on ac­count of use of the purport­ed forged Senate Standing Rule for his June 9 election in the senate.
The trial judge, Justice Gabriel Kolawole, who re­fused the request yesterday, explained that he could not move in favour of the appli­cants because he had no evi­dence that the five senators had the mandate of the re­maining 104 other senators to bring the suit.
Besides, the trial judge held that the outcome of the June 9, 2015 election on the floor of the senate which produced Saraki appeared to fall within internal af­fairs of the Senate which the court must be wary to go into, adding that the re­quest made was so serious that it would be unfair to grant their request exparte.
He gave other reasons to reject the request of the five senators, saying it would be as if he is determining the entire case on its merit.
The senators pushing for incapacitation of Saraki are Abu Ibrahi, Kabiru Garba Marafa, Robert Ajayi Borof­fice, Bareehu Olugbenga Ashafa and Senator Sulei­man Othman Hunkuyi.
They filed an ex-parte motion at the Federal High Court,Abuja yesterday, seeking to stop the Senate President from constituting the Senate Standing Com­mittees.
Saraki had no opportuni­ty of defending the suit, be­ing an exparte application.
But ruling in the ex-parte motion filed and argued by Chief Mamman Mike Os­uman on behalf of the five senators led by Senator Kabir Marafa, Justice Ko­lawole held that there was nothing urgent in what the plaintiffs were asking for.
The judge said that the senate standing order 2015 as amended, upon which the plaintiffs predicated their ex-parte motion, had been in existence since June 9 when the senate president and his deputy were elected and as such the issue of urgency raised by the five senators was self-inflicted.
-National Mirror