The Senate will on Monday (today) file its appeal against the Federal High court judgment which nullified the suspension of Senator Ali Ndume as well ordering the immediate payment of all his entitlements to him.
It will be recalled that Ndume was placed on six months suspension by Senate for allegedly raising unsubstantiated allegations against the Senate President Bukola Saraki as well as Senator Dino Melaye.
However, after almost serving out his punishment, the court after hearing a suit, filed by Ndume in suit No FHC/ABJ/CS/551/2017, the court entered judgment in his favour last Friday.
However, on Sunday, Chief Counsel to the Senate Mike Ozekhome (SAN) in a statement said an appeal against the judgment will be filled unfailingly today (Monday) against the court ruling.
“The Senate of the Federal Republic of Nigeria, will on Monday, November 13, 2017, file an appeal against the judgment of the Federal High Court, delivered today, 10th of November 2017.
“It is important to state clearly, that the Senate respectfully disagrees with the said judgment.
For the records, the Senate had challenged the jurisdiction of the Federal High Court to entertain the matter on several grounds, portions of which are outlined hereunder for the purpose of emphasis, as follows:
“That the Plaintiff wrongly joined several causes of action in his originating summons.
“That an action for the enforcement of fundamental rights to fair hearing can only be brought against a court or a tribunal, established by law as held by the Supreme Court in several current cases, and not against committee of a legislative body.
“That by the provisions of sections 3 and 30 of the Legislative Houses (Powers and Privileges) Act, the trial court lacked requisite jurisdiction to hear the suit of the Plaintiff.
“The Senate’s argument was supported by various and current decisions of the apex court. The Senate of the Federal Republic of Nigeria which has the strong conviction that the decision of the trial court will be overturned by the Court of Appeal, has accordingly instructed the law firm of Mike Ozekhome’s Chambers, to file an appeal against the judgment immediately.
“The notice of appeal is ready and would be filed unfailingly by Monday morning.
“An application for a stay of execution of the orders of the court will also be filed same time” the statement read.
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