5 Senators initiate another round of crisis

Five APC senators in the Unity Forum, in support of Senator Ahmed Lawan in the Senate have initiated a court action that may plunge the upper legislative chamber into more crisis.

They have asked a Federal High Court in Abuja to stop any move to constitute any standing or ad hoc committees of the Senate on the strength of the allegedly forged rules of the upper legislative chamber.

The plaintiffs in the suit, FHC/ABJ/CS/651/2015, are Senators Abu Ibrahim, Kabir Marafa, Ajayi Boroffice, Olugbenga Ashafa and Suleiman Hunkuni. Justice Gabriel Kolawole has reserved ruling on the ex parte application till 2pm today (Tuesday).

Joined as six defendants to the suit are Senate President Bukola Saraki, Deputy Senate President, Ike Ekweremadu; the Clerks of the National Assembly, Senate and the National Assembly.

‎The five senators, through their ex parte application moved by their lead counsel, Chief Mamman (SAN), on Tuesday urged Justice Kolawole to restrain the defendants in the suit from constituting the various committees pending the hearing and determination of a separate motion on notice for an interim injunction.

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The singular prayer in the ex parte application reads, “An interim order of injunction restraining the 1st, 2nd and 5th defendants/respondents (Saraki, Ekweremadu and the Senate) from constituting the Chairman and Deputy Chairmen of committees, or sub-committee whether Standing and ad hoc committees on the basis of the provisions of the Senate Standing Orders 2015 (as amended) or any other order and any other set of rules pending the hearing and determination of the motion on notice.”

(Update)

The Court has rejected their prayer. Justice Gabriel Kolawole, in his ruling, dismissed the ex parte application, holding that the urgency attached to it was self-induced‎.

This, the judge held, was because the plaintiffs had been aware of the alleged‎ use of the illegitimate standing orders since June 8 or 9, 2015, but only chose to file the ex parte application on July 27, which was barely 24 hours to resumption of the Senate from its about one month recess.

The judge also held that the court would hardly intervene in a matter of application of the internal rules of the Senate or the legislature when such action did not amount to “substantial infraction” of the provisions of the Constitution of the Federal Republic of Nigeria.

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