Alleged Assault: CCT Chairman, Umar Sue Senate, Demands Probe Termination

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The Chairman of the Code of Conduct Tribunal, Mr Danladi Umar,
has dragged the Senate to court.

The judge was alleged to have assaulted one Clement Sargwak in
March this year at a shopping plaza in Abuja, the nation’s
capital.

Also included in the suit as stated in the originating summons
dated 13th July 2021 are the President of the Senate, Ahmad Lawan,
the Senate Committee on Ethics, Privileges and Public Petitions as
well as the Attorney General of the Federation, Abubakar
Malami.

Danladi in the suit with file no FHC/ABJ/ CS/671/2021 is
challenging the “Senate’s constitutional power to conduct
Investigation and purpose for which it is exercisable.”

Specifically, the embattled CCT chairman is asking the court to
interprete the constitutional powers granted the Senate or House
Committees on Ethics and Public Petitions whether it covers public
assaults, which as averred by his attorneys, are part of the
constitutional functions of the Police and the Courts of Law.

Copies of the originating summons and suit signed by Sunday
Edward (ESQ) and other Attorneys from Abuka and Partners on behalf
of Danladi Umar, listed him as the plaintiff.

The document also listed the Senate, the President of the
Senate, Senate’s Committee on Ethics, Privileges and Public
Petitions, and the Attorney-General of the Federation as
defendants.

The Chairman, Senate Committee on Ethics, Privileges and Public
Petitions, Senator Ayo Akinyelure, made copies of Umar’s
originating summons available to journalists on Friday.

Umar asked the Court to interprete the powers of the four
defendants to investigate the case of assault in question.

In the summons, the Judge asked the court to determine among
others:

” Whether the purported case of assault which allegedly took
place at Banex Plaza
on 29th March 2021, forms part of the matters the 1st defendant is
constitutionally empowered to investigate

“Whether the 1st defendant and its Committee, that is, the third
defendant, are competent to investigate and/or invite the plaintiff
in relation to the investigation of the allegation of assault
levelled against him.

“Whether the powers of the 1st defendant to conduct
investigation are not by and/or subject to provisions of sections
88 and 89 of the Constitution of the Federal Republic of Nigeria,
1999 and are not exercisable for the purposes of making law and
exposing corruption, inefficiency or waste in the execution of
administration of laws within its legislative competence and in the
disbursement or administration of funds appropriated by the 1st
defendant, and

” Whether the 1st defendant’s move to conduct an investigative
hearing on the petition before it is not unconstitutional and does
not amount to an unwarranted usurpation of the functions of the
Police and of the Courts of competent jurisdiction”.

Danladi then asked the Court to stop the Senate from conducting
a further investigative hearing, as the alleged victim (Clement
Sargwak), had been sued.

Part of the summons read, “We write to inform you that the case
between our client and Clement Sargwak is now before the High Court
of the Federal Capital Territory ( suit no FCT /HC/ CV/ 1544/2021
Mr Danladi Umar vs Clement Sargwak).

” Tthe issue as to whether or not Clement Sargwak had
discontinued and/or withdrawn his petition before your Honourable
Committee is equally sub judice.

” We trust that Senate, as the Upper Chamber of the National
Assembly, will respect due process and refrain from delving into a
matter that is before a court of competent jurisdiction.”

The CCT Chairman was allegedly seen in a viral video, allegedly
assaulting one Clement Sagwak at the Bannex Plaza in Wuse 2, on
March 29, 2021.

In seeking redress, the victim, filed a petition against Umar
through his lawyers to the Senate Committee on Ethics, Privileges
and Public Petition to investigate.

Though the embattled CCT Chairman had on invitation, appeared
before the committee once but shunned several other invitations
thereafter.

He informed the members through his attorneys last week Tuesday
that he was already in court against the investigation.

The panel kicked against his position and ordered him to appear
before it unfailingly on Tuesday, July 27, 2021, or risk issuance
of a warrant of arrest on him.

But after receiving the originating summons slammed on the
Committee and suit filed against Sargwak by Umar, the Commitee
Chairman, lamented that the hunted is turning to be the hunter.

Akinyelure said with the court summons, it was clear that Umar
would not appear before his committee next week Tuesday.

He, however, said the Judge’s action would be challenged in the
court by the legal department of the National Assembly since no arm
of government is empowered to stop another, from carrying out its
constitutional duties or functions.

Akinyelure said, ” Investigation on the assault meted out to a
fellow Nigerian by the CCT Chairman had already commenced before he
ran to court but his move will also be challenged by the legal
department of the Senate.

“He may not come, but the Committee will still have a session on
the matter and other petitions before it next week Tuesday.”