Court adjourns suit seeking sack of Saraki, Dogara, 52 others to April 30

By Ihesiulo Grace 19 April 2019 104

Doosuur Iwambe, Abuja

Justice Okon Abang of the Federal High Court Abuja sitting in Abuja has adjourned till April 30, a suit seeking the sack of Senate President, Bukola Saraki , Speaker, House of Representatives, Yakubu Dogara and 52 other lawmakers.

When the matter came up for hearing on Thursday, counsel Legal Defence and Assistance Project (LEDAP), Mr Jubrin Okutepa (SAN) told the court that the S court had already decided on whether a politician who defected to another party should retain his seat.

Okutepa while urging the court to note that the defendants had hinged their defection on divisions and crises in their political parties however urged the court to note that the fact of the defection had been admitted and what remained was for the court to determine if the defection was justified in line with decisions of the Supreme Court.

“There is nothing before this court to show that the respective parties upon which the 2nd to 55th defendants were elected before they jumped ship to other political parties, were infested with the virus of division known to law for them to retain their seats at the National Assembly.”

Okutepa maintained that the defendants said they defected because there were divisions and crises in their political parties.

He, however, urged the court to note that the fact of the defection had been admitted and what remained was for the court to determine if the defection was justified in line with decisions of the Supreme Court.

On the defendants’ claim that the plaintiff lacked the locus standi to institute the suit, Okutepa held that LEDAP was incorporated to promote constitutionality and rule of law and was therefore a juristic person and had the locus to file the motion.

Counsel to Saraki and the other senators, Mahmud Magaji (SAN), argued that LEDAP was not part of the persons referred to in Section 40 of the 1999 Constitution and so, they lacked the locus standi to file the suit.

“They are not a registered political party so they are not protected by the section and there is nothing before the court to show otherwise.”

It is also clear that they did not sponsor anyone for any election and they have not exhibited their membership card of any political party or evidence of voter card.”

He maintained that the plaintiffs were only advocates of public interest rights and had not placed sufficient evidence before the court to enable the court entertain the matter.

Also, Josh Amupitan, (SAN), counsel to Dogara and other members of the House of Representatives submitted that the plaintiff had failed to prove its case.

He argued that according to Section 68(2) of the constitution which the plaintiff premised its case on, it was only the Senate President and the Speaker that could declare seats at the National Assembly vacant.

He added that where powers had been given an institution, the only reason one could involve the court was where such an institution had been asked to exercise the powers but refused to.

The trial judge, Justice Okon Abang stopped the proceedings at this point since it had been on for over four hours.

The judge adjourned the matter until April 30 for counsel to conclude arguments and assured that justice will be served and timely too since it was a constitutional matter of national importance.

Daily Times recalls that an advocacy group, Legal Defence and Assistance Project, (LEDAP) dragged the lawmakers to court seeking a declaration that they were no longer members of the National Assembly having defected to other political parties before the expiration of their tenure.

The defendants comprise 17 Senators, 37 members of the House of Representatives, the Independent National Electoral Commission, the Attorney-General of the Federation and the clerks to both houses.

LEDAP in the suit, also prayed the presiding members of the National Assembly to declare vacant, the seats of the defectors.