Justice Gabriel Kolawole of the Federal High Court, Abuja has refused an ex-parte application to restrain the Senate President, Senator Bukola Saraki and 17 others from departing from the Senate’s standing rules governing the appointment of Minority Leader for the eighth National Assembly.
Two members of the Peoples Democratic Party (PDP), Alaye Don Pedro (Ward 8 Akuku-Toru Local Government Area, Rivers State) and Okechukwu Ibeh of Umukegwu/Umuopia in Ide Ato Local Government Area, Imo State, had in an ex-parte motion, sought to restrain Saraki and 17 members of the PDP South -south Senate Caucus from choosing the minority leader outside the provision of Order 3(2) of the Senate Standing Order 2015 (as amended).
The plaintiffs through their lawyer, Mr. Bankole Akomolafe had argued that the alleged plot by some individuals to make former Akwa Ibom State governor, Godwill Akpabio (a first term Senator) the Senate’s Minority leader, was in violation of Order 3(2) of the Senate Standing Order 2015 (as amended).
Named with Saraki as respondents, in the suit marked: FHC/ABJ/CS/602/2005, are Akpabio, Nelson Effiong, Bassey Albert, Emmanuel Paulker, Ogola Foster, Ben Murray Bruce, John Owan Enoh, Gershom Bassey, Rose Oko, James Manager, Peter Nwaoboshi, Ighoyota Amori, Clifford Ordia, Mathew Urhoghide, George Thomson Sekibo, Olaka Nwogu and Osinachukwu Ideozu.
Ruling yesterday, Justice Kolawole refused the plaintiffs’ prayer for “an order restraining the 2nd to 18 respondents from selecting or appointing the Minority Leader of the Senate by a procedure in breach of Order 3(2) of the Senate Standing Order 2015 (as amended) pending the determination of the substantive suit.”
The judge also refused their request for an “order prohibiting the 1st respondent from accepting, recognising, announcing or giving effect to the appointment of a Minority Leader of the Senate, whose appointment is in breach of Order 3(2) of the Senate Standing Orders 2015 (as amended) pending the determination of the substantive suit.”
Justice Kolawole, who noted that the plaintiffs were neither members of the Senate nor contestants for the position of Minority Leader, said he could not grant their prayers because they failed to establish the interest they sought to protect.
He said their being members of the PDP from Imo and Rivers States were not sufficient to warrant the grant of their prayers.
The judge also refused the plaintiffs’ request for the abridgement of time within which the respondents could file their responses to the substantive suit.
He also declined to grant accelerated hearing of the main suit.
Justice Kolawole however, granted the plaintiffs’ prayer for substituted service of court documents (processes) in relation to the suit through substituted means by media publication.
He directed that the processes be published with an enrolled copy of his orders.
The judge who is sitting as a vacation judge, adjourned the case to October 5 for mention, but said the case file would be returned to the Chief Judge for re-assignment when the court resumes from its vacation.
