The Senate Unity Forum on Wednesday said it had not withdrawn a suit it instituted seeking the removal of the Senate President, Bukola Saraki and his deputy, Ike Ekweremadu, for allegedly forging the Senate Standing Order.The forum, comprising of senators who rooted for the election of Ahmed Lawan as senate president, had instituted the suit challenging the election of Messrs. Saraki and Ekweremadu on June 9.
They alleged that the duo forged the rules of the senate to facilitate their emergence as president and deputy president of the upper legislative chamber.
There were, however, reports on Tuesday that Ademola Adeniyi, the judge of the Federal High Court struck out the case and also terminated further hearing on the matter follow its withdrawal by the forum.
Mamman Osuman, a Senior Advocate of Nigeria and counsel to the forum, in a statement Wednesday described the reports as “erroneous and mischievous”.
He said the withdrawn case was suit no: FHC/ABJ/CS/647/2015, dated July 24, which also challenged “the purported elections of Saraki and Ekweremadu” and which was filed by Anthony Adeniyi, a former senator.
Mr. Osuman noted that “oblivious of the existence of the above particularised suit, he, having been briefed, filed yet, another civil suit in court with an originating summons: FHC/ABJ/CS/651/2015.
He said the second suit was filed by serving senators, including Suleiman Hunkuyi, Kabir Marafa, Abu Ibrahim, Robert Boroffice and Gbenga Ashafa.
He explained that the two suits are different in contents as could be distilled from their respective grounds, reliefs sought, affidavit evidence, parties and declarations sought.
“Despite the legal possibility that the suit discontinued could be re-filed, the media should have been more specific about the case withdrawn…” Mr. Osuman said.
“Contrary to the misinformation put out there, we hereby confirm that the originating summons in suit no: FHC/ABJ/CS/651/2015 filed at the instance of the above-named Senators against Saraki, Ekweremadu and the National Assembly.”
Mr. Osuman stated that the prayers sought in the originating summons still persists; namely that the elections which brought Saraki and Ekweremadu are “illegal, irregular and non-sustainable because the Senate Standing Orders (2011) was not amended in the manner stipulated by Rules 110 of the 2011 Senate Standing Orders to produce the purported document titled: Senate Standing Orders 2015 (as amended)”.