Court strikes out suit to stop Saraki’s removal as Senate President

The Federal High Court Abuja Division has struck out a suit filed by associates of Dr. Bukola Saraki to stop any move to reconvene the Senate for the purpose of removing Dr. Saraki as the President of the Senate of the federal republic.

Vacation judge, Justice Nnamdi Dimgba terminated further hearing on the suit filed by two former All Progressive Congress (APC), Senators, Rafiu Adebayo and Isa Misau, following an application by the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, (SAN) to strike it out for none diligent prosecution.

At the resumed hearing of the case marked FHC/ABJ/CS/843/2018, no lawyer appeared on behalf of the plaintiffs.

Consequently, the AGF who was represented by Mr. T. D. Agbe, urged the court to strike out the case for want of diligent prosecution.

The AGF further prayed the court to award a cost of N10million against the plaintiffs who he accused of filing a frivolous suit.

He noted that the plaintiffs who were previously represented by a consortium of Senior Advocates of Nigeria led by Mr. Mahmud Magaji and Emeka Etiaba, were aware that the matter was slated for hearing.

“We apply for a substantial cost to be awarded against the plaintiffs to teach them a lesson. This court is not a play ground, it is a place for serious business”, the AGF submitted.

Counsel to the Inspector General of Police, Mr. Kola Oluwole and that of the Department of State Service, Mr. Shimana Azeh, adopted the position of the AGF and requested that the case should be struck out.

In a short ruling, Justice Dimgba acceded to request of the Defendants and struck out the case for want of diligent prosecution.

Senators Adebayo and Misau who are representing Kwara South and Bauchi Central, senatorial districts respectively, had alleged that some chieftains of their former party, APC, led by its National Chairman, Adams Oshiomhole and the AGF, had perfected plans to use security agencies to force Saraki to vacate his position as the Senate President.

They applied for an order of interlocutory injunction stopping any impeachment proceeding against Saraki, pending the determination of legal issues they posed before the court.

The AGF had earlier challenged the jurisdiction of the high court to entertain the suit, even as he described the two lawmakers who recently defected to the Peoples Democratic Party, PDP, as “mischief makers”.

The AGF maintained that the plaintiffs failed to show how Saraki’s removal would affect their personal rights.