Godwin Tsa, Abuja
A Federal High Court, in Abuja, has been asked to stop the Senate from removing the Senate President Bukola Saraki and his Deputy, Ike Ekweremadu from their offices unless by a resolution backed up by not less that 73 votes of its members.
The suit marked FHC/ABJ/CS/936/2018 further urged the court to declare that Saraki and Ekweremadu cannot be removed from office as President of the Senate and Deputy President of the Senate unless pursuant to a resolution supported by the votes of not less than 73 members of the Senate.
The suit which was filed by the Incorporated Trustees of the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC) has all the 109 Senators as defendants.
In the originating summons dated August 24, 2018, and filed by Nnamdi Nwokocha-Ahaaiwe, the group argued that by the clear and extant provisions of section 50(2) (c) of the 1999 constitution, Saraki and Ekweremadu cannot be removed from their offices unless by a resolution of the Senate supported by the votes of not less than two-thirds majority of the members of the Senate.
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The plaintiff posed the following questions for the court’s determination:
* Whether by the clear and extant provisions of section 50(2) (c) of the 1999 constitution, a President of the Senate and a Deputy President of the Senate such as Saraki and Ekweremadu can be removed from their said offices as President of the Senate and deputy President of the Senate respectively unless by a resolution of the Senate supported by the votes of not less than two-thirds majority of the members of the Senate.
*Whether by the combined provisions of sections 3(1) and (4) and (48) of the 1999 Constitution, the Senate of the Federal Republic of Nigeria is not comprised of 109 members.
*Whether two-thirds majority of the 109 members of the Senate is not comprised of 73 members.
*Whether the 1st and 2nd defendants can be removed from office as President of the Senate and Deputy President of the Senate respectively unless pursuant to a resolution supported by the votes of not less than 73 members of the Senate.
In a 11- paragraph supporting affidavit to the originating summons deposed to by ThankGod Ubani, stated that some All Progressives Congress (APC) members of the Senate connived with the
Executive arm of government and security agencies to harass Saraki and Ekweremadu with the motive to illegally removed them from office.
Ubani averred that “on the first day, they planned to illegally and unlawfully remove the 1st and 2nd defendants from office by trying to prevent them from coming to the National Assembly so they could be removed in their absence.
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“The 1st defendant’s motorcade was blocked with the intention to detain him and prevent him from getting but fortunately he was not in the vehicle and managed to find his way to Senate and presided over the proceedings, thus, thwarting the illegal attempts while the 2nd defendant’s (Ekweremadu) residence was besieged by security agents who prevented him from going to work at the Senate.
Meanwhile, Justice Nnamdi Dimgba has granted leave to the suit to be heard during vacation.
The judge equally directed that all the processes relating to the suit be filed and served on all parties before the next adjourned date fixed for September 6, 2018.