Ndume: Senate engages Ozekhome, files appeal *Says court lacks jurisdiction

By Editor on 13/11/2017

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Nigerian Senate

A new set of legal battle will commence on Monday, as the Senate appeals a Federal High Court, Abuja, order to reinstate, Senator Ali Ndume, who was axed by the Red Chambers, some months ago.

Justice Babatunde Quadri, ordered Ndume’s reinstatement and directed the Senate President, Bukola Saraki, and the Senate to ensure prompt payment of the senator’s outstanding salaries and allowances for the period he was illegally suspended.

Ndume, was suspended through letter dated March 30, 2007 for a period of six months, for not “conducting due diligence” before filing a petition against the Senate President and the lawmaker representing Kogi West Senatorial District, Dino Melaye, through which he asked the Senate to investigate the allegation that an armoured Range Rover car reportedly worth $298,000 seized by the Nigeria Customs Service allegedly belonged to Saraki.

But after answering in his favour on some questions the Senator, representing Borno South raised before him, Justice Quadri, ordered: “The suspension of the plaintiff is hereby declared illegal, unlawful and unconstitutional. The purported suspension contained in the letter of March 30, 2017, is hereby set aside.

But a statement from the chambers of Mike Ozekhome (SAN), said the Senate would be heading on appeal, as the court lacked the jurisdiction to entertain the case in the first place.

The statement said: “The Senate of the Federal Republic of Nigeria, will on Monday, November 13, 2017, file an appeal against the judgment of the Federal High Court, delivered today, 10th of November, 2017.

“It is important to state clearly, that the Senate respectfully disagrees with the said judgment. For the records, the Senate had challenged the jurisdiction of the Federal High Court to entertain the matter on several grounds, portions of which are outlined hereunder for the purpose of emphasis, as follows: 

1. That the Plaintiff wrongly joined several causes of action in his Originating Summons.

2. That an action for the enforcement of fundamental rights to fair hearing can only be brought against a court or a tribunal, established by law as held by the Supreme Court in several current cases, and not against Committee of a legislative body.

3. That by the provisions of sections 3 and 30 of the Legislative Houses (Powers and Privileges) Act, the trial court lacked requisite jurisdiction to hear the suit of the Plaintiff. 

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“The Senate’s argument was supported by various and current decisions of the apex court. The Senate of the Federal Republic of Nigeria which has the strong conviction that the decision of the trial court will be overturned by the Court of Appeal, has accordingly instructed the law firm of Mike Ozekhome’s Chambers, to file an appeal against the judgment immediately. 

“The notice of appeal is ready and would be filed unfailingly by Monday morning. An application for a stay of execution of the orders of the court will also be filed same time.”



Source Whirlwindnews.com

Posted on November, 13 2017

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