The alleged plot to sack the leadership of the Senate took a legal dimension with a suit by senators Rafiu Adebayo (Kwara South) and Isa Misau (Bauchi Central) against the Attorney General of the Federation and Minister of Justice, the Inspector General of Police and the Department State Security (DSS) before a Federal High Court in Abuja, yesterday.
The lawmakers in a suit marked FHC/ABJ/ CS/872/2018 have asked the court to restrain them from aiding the forceful removal or impeachment of the Senate President, Dr Bukola Saraki.
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Others listed as defendants are the Senate, the Senate President, Deputy Senate President, Senator Ahmed Lawal (Senate Leader), Senator Bala Ibn Nallah (Deputy Senate Leader), Senator Emma Buacha (Deputy Minority Leader), Clerk of the Senate, Deputy Clerk of the Senate, the Attorney General of the Federation, Inspector General of Police and the Department State Service.
The suit, was brought pursuant to Order 26 Rules 1, 2, and 7(1) of Federal High Court (Civil Procedure) Rules 2009, and Section 6(6)(8)(b) of the 1999 Constitution, as amended.
In a motion on notice filed by Mahmoud Magaji, the plaintiffs are praying for an order of interlocutory injunction restraining the 4th to 11th defendants, jointly and severally either by themselves, their agents, servants or privies, assigns however so called from unlawfully removing the 2nd defendant as the President of the Senate of the Federal Republic of Nigeria pending the hearing and determination of the substantive suit.
The plaintiffs are also seeking for an order of interlocutory injunction restraining the 9th to 10th defendants from unlawfully interfering with the lawful legislative duties of the 2nd defendant as the President of the Senate of the Federal Republic of Nigeria, until the hearing and determination of the substantive suit.
“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.
More so, the plaintiffs want the court to make an order directing the parties in the suit to maintain status quo pending the hearing and determination of the substantive suit.
In the substantive suit, the plaintiffs want the court to determine among others: “Whether in view of the provisions of Section 50(1) (a) and (2) of the 1999 Constitution of the I999, the President of the Senate 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?
“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 ot 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 the questions, the plaintiffs are seeking a declaration 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.
“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.
source : Sun
