Justice Gabriel Kolawole of  the Federal High Court in Abuja has transferred the suit seeking to nullify the election of the leadership, especially Senate President, Senator Bukola Saraki and his deputy, Ike Ekweremadu to another Judge for determination.

A group of five senators of the All Progressives Congress (APC) including Senators Abu Ibrahim, Kabiru Marafa, Ajayi Boroffice, Gbenga Ashafa, and Suleiman Othman Hunyuki, had filled the suit disagreeing with the process that brought both Saraki and Ekweremadu to head the upper chamber.

Justice Kolawole who had earlier ruled that the Court cannot interfere with the National Assembly internal affairs, took the decision based on the fact that he will not have sufficient time to hear the matter as his tenure as a vacation judge expires Friday this week.

He therefore, directed the counsel to the plaintiffs to serve fresh hearing notices on all respondents and adjourned case to August 13, 2015 to be heard by Justice Adeniyi Ademola of court six.

Meanwhile, the Senate President, who is the 1st defendant in the suit, is contesting that he was not properly served with the originating summons and other processes relating to the case.

Saraki through his counsel from the Yusuf Ali (SAN) chambers,  said the court processes were served on the Office of the Senate President by the bailiff of the court as against personal service required by order 6 Rule 12 of the Federal high Court Rules.

Mr. Sikiru Oke who announced his appearance for Saraki on behalf of Yusuf Ali, protested the mode of service in court, but was overruled by the court following opposition by counsel to plaintiff’s team headed by Mamman Mike Osuman (SAN) and Dele Adesina (SAN) to his (Oke) appearance.

Adesina urged the court not to recognise Oke’s appearance because it offended the provisions of Order 7 of the Federal High Court Rules which required counsel to first file memorandum of appearance before announcing their appearance in a matter.

The aggrieved senators had in the originating summons, urged the court to declare their elections a nullity as it violated Section 60 of the 1999 Constitution (as amended) and rule 110 of the Senate Standing Orders 2015 (as amended).

It is their contention that the Senate Standing Orders 2015 upon which Saraki and Ekweremadu were elected is a product of invalid, illegal, unconstitutional and therefore to be set aside.

The plaintiffs posed the following questions for the determination by the court: Whether having regard to the provisions of section 60 of the 1999 constitution and rule 110 of the Senate Standing Orders 2011 (as amended), the Senate Standing Orders 2015 is not an improper, invalid, illegal and unconstitutional document of the eighth Senate.

Credit: Thisday