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| Senate President Bukola Saraki and Ike Ekweremadu, the Deputy President of the Senate |
The court equally refused to restrain the office of the Attorney
General of the Federation, AGF, from preferring criminal charges against the
culprits.
Senator Gilbert Nnaji who is representing Enugu-East Senatorial
District had gone before the court with an ex-parte motion wherein he applied
for a restraining order against both the IGP and the AGF.
He specifically urged the court to restrain the two respondents
from taking further steps on the investigation of allegation of forgery of the
Senate Standing Order 2015.
It will be recalled that some key principal officers in the
Senate were accused of complicity in the alleged forgery.
The alleged bogus Senate Standing Order was the one that was
used for the conduct of the election that saw the emergence of Senators Bukola
Saraki and Ike Ekweremadu as Senate President and Deputy Senate President,
respectively.
Meantime, instead of acceding to Senator Nnaji’s request,
Justice Kolawole ordered the plaintiff to go and put the respondents on notice
to enable them to appear in court on August 4, to show cause why they should
not be restrained from taking further actions on the matter.
Justice Kolawole said he could not issue the restraining order
on the strength of an ex-parte application, stressing that doing so would
amount to granting the principal relief that is contained in the substantive
suit before the court.
He said there was need to afford the IGP and the AGF the
opportunity to join issues with the plaintiff with regard to the subject matter
before the court.
Moreso, the court rejected plea by the plaintiff that the suit
be okayed for accelerated hearing.
Justice Kolawole held that the court was bereft of the power to
abridge the 30 days period within which the respondents are entitled to enter
their briefs of argument. He said that such prayer could only be granted with
the consent of all parties in the case.
Consequently, he directed the service of all the relevant court
processes on the respondents to compel their attendance in court on August 4.
Nnaji had moved the ex-parte motion which was anchored on the
suit marked FHC/ABJ/CS/646/15, through his lawyer, Mr. P.J. Nwokolo.
Source-Vanguard
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