Court restrains Saraki, others from considering report on 2018 Senate’s invasion

A High Court of the Federal Capital Territory (FCT) in Bwari has
restrained the Senate President, Bukola Saraki, Speaker of the
House of Representatives, Yakubu Dogara and eight others from
considering the report of the Senate’s ad-hoc committee set up to
probe the April 18, 2018 invasion of the Senate by some
unidentified hoodlums.

Justice Othman Musa, in a ruling on Monday, said the restraining
order shall remain pending the determination of a suit filed by
Senator Ovie Omo-Agege, in which he challenged the legitimacy of
the ad-hoc committee constituted by the Senate’s leadership on
April 25, 2018 in the wake of the invasion, during which the
Senate’s mace was also stolen.

Justice Musa said “Leave is granted to the Applicant to serve
the 1st – 10th respondents by substituted means, by serving the
originating motion and other processes in the suit on any
responsible clerk or staff at the office of the Clerk of the
National Assembly, at the National Assembly Complex, Three Arms
Zone, Federal Capital Territory, Abuja or publishing same processes
on any national daily with national circulation.

“Reliefs iii, iv, v, vi are not granted as prayed, in its place,
the 1st – 10th respondents are ordered and admonished not to
obstruct the cause of justice and abide by the authority in the
Supreme Court decision in UBA Plc vs. Ajabule 2011 LPELR 8239 SC
and Military Governor, Lagos State vs. Ojukwu.

“To this end, the respondents, their servants, agents, officers,
privies, sergeants at arms or whosoever are restrained from taking
any further action on this subject matter, and to maintain the
status quo as of today, pending the hearing of the originating
motion.

“Originating motion and all pending applications are fixed to
the 13th day of May, 2019 for definite hearing. Case is adjourned
to the 13th day of May 2019 for definite hearing. “

Listed as 1st to 10th defendants include: The President of the
Senate, the Speaker of the House of Representatives, the Deputy
Senate President, the Deputy Speaker of the House of Reps, Senator
Ahmed Lawan (Senate Leader), Senator Bala Na’Allah (Chairman, joint
ad-hoc committee investigating the Invasion of the National
Assembly on the 18th of April 2018 and the theft thereof of the
mace) for himself and on behalf of all other members of the
committee.

Others are: Hon. Betty Apiafi (Co-Chairman Chairman, joint
ad-hoc committee investigating the Invasion of the National
Assembly on the 18th of April 2018 and the theft thereof of the
mace), the Clerk of the National assembly, the Clerk of the Senate
and the Clerk of the House of Reps.

Omo-Agege stated, in the suit marked: BW/M/204/2019, that Saraki
had, before setting up the ad-hoc committee, told the press that he
(Omo-Agege) was responsible for the invasion.

He argued that by so acting, the Senate President has prejudged
the outcome of the investigation by the committee.

The Senator wants the court to, among others, declare that, by
virtue of Section 14(2) of the Legislative Houses (Powers and
Privileges) Act, 2017 it is ultra vires of the power of the
respondents and unlawful for them to reprimand or suspend him from
service of the legislative house to the end of legislative session
which date is on or about Thursday. the 6th day of June. 2019.

He also seeks a declaration that the attempt to try, indict.
suspend, humiliate and destroy the political career of the
applicant by the respondents and their agents without any
verifiable proof of the applicant committing any known offence and
without justifiable legal reasons whatsoever is not in accordance
with the procedure permitted by law and ipso facto iIlegal,
unlawful and unconstitutional.

Omo-Agege is praying the court for an order of perpetual
injunction restraining the Senate President, the House of Reps’
Speaker, the Deputy Senate President, The Deputy Speaker, the
Clerks of the National Assembly, the Senate and House of Reps
(listed as 1st, 2nd, 3rd. 4th, 8th, 9th and 10th respondents) and
their agents “from further inquiring into, investigating, hearing
or determining any issue whatsoever arising from, or pertaining to
the invasion of the National Assembly by some unknown thugs and
hooligans on the 18th April, 2018 and the theft thereof of the
Senate mace or recommending the imposition of any sanction or
penalty on the applicant in connection with the said invasion”

He is also seeking an order “directing the 1st, 2nd, 3rd, 4th,
8th, 9th and 10th respondents, their servants, agents, officers,
privies, Sergeant at Arms or howsoever called to ensure full
payment of salaries, allowances, remunerations, arrears (if any)
and severance packages due to the Applicant alongside those of his
co-senators and contemporaries.”

Omo-Agege wants the court to perpetually restrain “the
respondents, their servants, agents, officers, privies, Sergeant at
Arms or howsoever called from further debating, considering or
accepting the report of the Joint Ad-hoc Committee created by the
1st respondent on Tuesday, the 25th of April, 2018 to investigate
the Invasion of the National Assembly by some unknown thugs and
hooligans on the 18m April, 2018 and the theft thereof of the
Senate mace from the 5th respondent or anyone whosoever”.

The grounds on which he relied in seeking the reliefs include
that he and other colleagues were caught unaware and were shocked
at the reckless display of brigandage and hooliganism of these
persons who snatched the mace and carted it away.

He said “Sequel to the unfortunate invasion under reference, the
1st respondent on the 25th of April, 2018 constituted a Joint
Ad-hoc Committee to investigate the said invasion of the National
Assembly on the 18m April, 2018 and the theft thereof of the Senate
mace and same was chaired by the 6th respondent and the 7th
respondent as the Vice Chairman of the committee.

“Without notice or warning to the applicant the 1st respondent
went to the press, among which was the Punch newspapers of
Wednesday, May 9, 2018 at page 10 to accuse the applicant as the
culprit.

“It was certain from the aforesaid predetermined mind set of the
1st respondent that he has prejudged the applicant and biased the
mind of the Joint Committee members against the applicant of guilty
of the theft of the Senate mace even before the beginning of the
biased inquiry.

“The allegations against the applicant are criminal in nature
and not an administrative indiscipline that could be entertained by
any committee constituted by the respondents. “

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