In his ex parte application, Gilbert Nnaji,
the senator representing Enugu east senatorial
district, sought to restrain the IGP and the
attorney-general of the federation, who are the
two respondents to the suit, from taking
further steps on the investigation of the alleged
forgery.
Justice Gabriel Kolawole held that he could not
grant the restraining order at the level of ex
parte hearing, since it was the same issue the
plaintiff canvassed in their substantive
suit. He held that, before the the decision on
the ex parte are made, the IG and the AGF
must appear in court to give their reasons why
the prayers sought by the plaintiff should not
be granted.
“The court is a bit wary on an ex parte
proceeding to allow the plaintiff [Nnaji] to have
his day in court because the courts are not
created or established to supervise the
National Assembly in the way and manner it
will run its own constitutional duties, except
where its acts border on a substantial
infraction of the constitution, which goes
beyond its own internal rules or procedure, or
the application of its standing order,” Justice
Kolawole said.
“To do otherwise is to work to subvert the
hallowed constitutional principles of separation
of powers upon which the machinery of
government is proposed to be run and to be
operated.
“My decision is not to make orders directing
both parties to maintain status quo as it is
often misinterpreted by both parties. Rather, I
will direct that the defendants, who had
already been served with the originating
summons, and the plaintiff’s motion of notice,
shall on the return date, show cause why the
orders being sought by the plaintiff on his
motion ex parte dated and filed on 23-07-15,
shall not be granted.”
The judge also holds the involvement of the
police, which is an agency of the executive arm
of government, in the forgery case (by inviting
for questioning, certain members of the
Senate) as worrisome.
http://www.naij.com/505016-forged-senate-elections-inspector-general-nigerian-police-appear-court.html

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[quote author=baloney post=36529108]In his ex parte application, Gilbert Nnaji, the senator representing Enugu east senatorial district, sought to restrain the IGP and the attorney-general of the federation, who are the two respondents to the suit, from taking further steps on the investigation of the alleged forgery. Justice Gabriel Kolawole held that he could not grant the restraining order at the level of ex parte hearing, since it was the same issue the plaintiff canvassed in their substantive suit. He held that, before the the decision on the ex parte are made, the IG and the AGF must appear in court to give their reasons why the prayers sought by the plaintiff should not be granted. “The court is a bit wary on an ex parte proceeding to allow the plaintiff [Nnaji] to have his day in court because the courts are not created or established to supervise the National Assembly in the way and manner it will run its own constitutional duties, except where its acts border on a substantial