Senator Rafiu Adebayo and Senator Isa Misau, have sued the Attorney-General of the Federation, the police, the Department of State Services, the Senate and seven others in order to stop the attempts to remove Senate President Bukola Saraki.
Senators Adebayo and Misau, who are supporters of Saraki, instituted the fresh court action marked FHC/ABJ/CS/872/2018 before a Federal High Court sitting in Abuja on Monday.
Other defendants in the suit are: the majority and deputy majority leaders of the Senate, the Clerk of the Senate, the Deputy Clerk of the Senate, the Senate President, the Deputy Senate President and the Deputy Minority Leader.
In the originating summons filed on their behalf by Mahmud Magaji (SAN), the plaintiffs want the Federal High Court to determine whether in view of the provisions of Section 50(1) (a) and (2) of the 1999 Constitution, Saraki, who defected to another political party as a result of the division in his former party, can be made to vacate his office other than in accordance with Section 50 of the constitution.
Adebayo and Misau, who represent Kwara-South and Bauchi-Central senatorial districts respectively, also want the court to determine whether Saraki can be compelled to vacate his office on the grounds that he is not a member of the political party with a majority of senators in the Senate in view of the combined reading of Section 50 of the constitution and Order 3 Rule 8 of the Senate Standing Orders.
The court was also urged to determine whether the Senate President could be said to have vacated his office by virtue of Section 50(2) of the constitution when he had not ceased to be a member of the Senate or the Senate dissolved.
In a motion on notice filed along with the originating summons, the plaintiffs prayed the court for an order of interlocutory injunction restraining all the defendants (except the Senate, Senate President and Deputy Senate President) jointly and severally either by themselves, their agents, servants and privies from unlawfully removing the Senate President pending the hearing and determination of the substantive suit.
They also prayed the court for another order of interlocutory injunction restraining the AGF and the Inspector-General of Police from unlawfully interfering with the lawful legislative duties of the Senate President pending the hearing and determination of their originating summons.
Besides, the plaintiffs asked for an order of interlocutory injunction stopping the IG and the DSS from harassing, intimidating, arresting or detaining the President of the Senate in respect of the lawful exercise of his duties pursuant to Section 50(1) of the constitution and another order directing parties in the case to maintain status quo pending the determination of the substantive matter.
The motion was predicated on seven grounds amongst which were that the agents of the IG and DSS had taken steps to flagrantly breach the provisions of Section 50 by employing their agents to disrupt the plenary of the Senate without recourse to the said provisions.
Another grounds were that the constitutional provision of removal of the Senate President does not empower the AGF, police and DSS to unlawfully interfere with the legislative duties of the Senate by causing a blockade at the premises of the National Assembly complex or using their agents to disrupt the lawful duties of the Senate.
In a 13-paragraph affidavit in support of the motion on notice and deposed to by Senator Isah Misau, he averred that the Senate was a body recognised and established by the 1999 Constitution vested with powers of making laws for the good governance and well-being of the Federal Republic of Nigeria.
The deponent averred that the Senate held a plenary sitting between July 24 and 27 and that it was presided over by its President and that at the end of the sitting members adjourned till September 25.
Misau claimed that the All Progressives Congress as a platform for the Senate President had been bedevilled by crises resulting in divisions and factionalisation at the federal, state and local government levels.
