Senate kicks against court's nullification of Ndume's suspension, to appeal judgement on Monday
- The Nigerian Senate has disagreed with a court judgement nullifying the suspension of Senator Ali Ndume
- The Senate will on Monday, November 13, file an appeal against the judgment of the Federal High Court
The Senate of the Federal Republic of Nigeria, will on Monday, November 13, 2017, file an appeal against the judgment of the Federal High Court, delivered today, 10th of November, 2017.
The upper chamber of the National Assembly, in a statement through its lawyer on Sunday, Chief Mike Ozekhome (SAN), disclosed that it would also apply for stay of execution at the Court of Appeal.
The statement reads: It is important to state clearly, that the Senate respectfully disagrees with the said judgment.
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For the records, the Senate had challenged the jurisdiction of the Federal High Court toentertain the matter on several grounds, portions of which are outlined hereunder for the purpose of emphasis, as follows:
The Senate faulted the judgement on the following grounds:
1. That the Plaintiff wrongly joined several causes of action in his Originating Summons.
2. That an action for the enforcement of fundamental rights to fair hearing can only be brought against a court or a tribunal, established by law as held by the Supreme Court in several current cases, and not against Committee of a legislative body.
3. That by the provisions of sections 3 and 30 of the Legislative Houses (Powers and Privileges) Act, the trial court lacked requisite jurisdiction to hear the suit of the Plaintiff.
The Senate’s argument was supported by various and current decisions of the apex court. The Senate of the Federal Republic of Nigeria which has the strong conviction that the decision of the trial court will be overturned by the Court of Appeal, has accordinglyinstructed the law firm of Mike Ozekhome’s Chambers, to file an appeal against the judgment immediately.
The notice of appeal is ready and would be filed unfailingly by Monday morning. An application for a stay of execution of the orders of the court will also be filed same time.
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Meanwhile, NAIJ.com previously reported that the Senate says it is set to publish names of companies found culpable in investigation into alleged N30 trillion revenue scam in the import and export value chain.
Hope Uzodinma, Chairman of the Joint Committee on Customs, Excise and Tariff and Marine Transport, made this known in an interview with journalists on Sunday.
He said the committee had completed its first batch of investigation involving over 60 companies and would publish names of companies involved in various infractions leading to loss of government revenue.
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Source: Naija.ng