An application seeking to stop the Nigerian Senate from compulsorily convening before September 25 has been dismissed by the Abuja Division of the Federal High Court, Premium Times reports.
The upper chambers led by Bukola Saraki, suspended plenary in July, shortly after Saraki defected from the ruling All Progressives Congress (APC) to the Peoples Democratic Party (PDP).
The respondents in the suits include the Senate, the Senate president, his deputy, the Senate leader, his deputy, and the minority leader.
Others are the clerk of the Senate, the deputy Senate clerk, the attorney-general of the federation, inspector general of police and the State Security Service.
The applicants are Senator Isa Misau, representing Bauchi Central and Senator Rafiu Adebayo (Kwara South).
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Legit.ng gathered that in separate applications, two senators loyal to Saraki asked the court to stop attempts by members of the APC and the federal government to impeach Saraki.
In one of the application, Adebayo asked the court to determine whether the Senate does not have the powers to determine its schedule of sittings as well as when to suspend or hold plenary.
The application regarding the prolonged detention was slated for hearing on September 13, during the last adjourned date.
At the opening of session on Thursday, a counsel to one of the defendants in the suit, Terhembe Abge, who represented the AGF, asked the court to strike out the case and award a cost of N10 million against the applicants. According to Agbe, the applicants, “cannot drag the AGF to court and treat the matter with levity.”
Another lawyer Keje Oluwole aligned with the application by Agbe and explained to the court that the applicants have a variety of lawyers and should therefore not have failed to appear in court, without any explanation.
The judge, Nnamdi Dimbga, initially hesitated to grant the application, since the applicants have always appeared in court, but obliged it, after further persuasion by the defendants.
“As a result of the unexplained absence of the applicants, the matter is hereby struck out,” Dimbga ruled.
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The judge had previously refused application by the same applicants to prevent other APC senators from proceeding with the planned suspension of Saraki till the case is determined in court.
The ruling would be seen as victory for the ruling APC.
Legit.ng previously reported that the National Assembly is unlikely to reconvene to consider the N243 billion virement for the 2019 General Elections.
The National Assembly is unlikely to reconvene because as at the time of filing this report, there has been no official communication about the plan from the clerk of the National Assembly, Mohammed Omolori.
The chairman, Independent National Electoral Commission(INEC), Prof. Mahmood Yakubu had on August 8 said the commission had been assured by the National Assembly leadership that the 2019 General Elections Budget of N242 billion may be considered for passage.
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