The seven Senators seeking the removal of Senate President Bukola Saraki and Deputy Senate President Ike Ekweremadu by the Federal High Court, Abuja, are arguing that the inauguration of the 8th Senate based on Standing Orders 2015, was strange, irregular and unknown to the Red chamber.

Senators Abu Ibrahim, Barnabas Gemade, Ahmad Lawan, George Akume, Kabir Marafa, Suleiman Hunkuyi and Gbenga Ashafa are also insisting that the subsequent conduct of business and proceedings in the Senate on June 9,2015 were similarly out of place.

They are, therefore, asking the court to declare Standing Order 2015 (as amended) as illegal, null and void.

The plaintiffs in their suit said that since the election of Saraki and Ekweremadu on June 9 was based on the faulty Standing Orders 2015, there was no way they could remain in office.

They are seeking the following reliefs:

“A declaration that the Senate Standing Orders 2015 as amended is inoperative, void and lack of legislative competency for having not been made by due process of law in accordance with the provision of Section 60 Constitution of the Federal Republic of Nigeria 1999 (as amended) and Order 110 of the Standing Orders of the Senate 2007(as amended).

“A declaration that the Senate Standing Order 2015(as amended) is unconstitutional and ultra vires and the maker(s) for violating the provisions of Section 60 of the Constitution of the Federal Republic of Nigeria 1999(as amended) as well as Order 110 Standing Order of the 2007(as amended) made pursuant to the said Section 60 of the Constitution.

“A declaration that the Standing Orders of the Senate 2007(as amended) is the extant Order of the Senate having not been altered and or amended in accordance with the due process of law.

“An order of court annulling and voiding all legislative business or businesses carried out by the 8th Senate predicated on the use of the said Senate Standing Orders 2015 (as amended).

“An order of injunction restraining the defendants by themselves, agents, servants and privies from using the Senate Standing Orders 2015 and or refusing to use the Standing Orders of the Senate 2007 (as amended).”

The affected Senators urged the Court to ask the Clerk to the National Assembly, the President of the Senate to explain when the Senate Standing Orders was amended.

They said paragraph 110 of the Senate Standing Orders 2007 (as amended) was explicit on the procedures for an amendment to the Orders.

They said: “For ease of reference, the procedures are set out below: “110(1) Any Senator desiring to amend any part of the rules or adding any new clause shall give notice of such amendments in writing to the President of the Senate giving details of the proposed amendments.

“The President of the Senate shall, within seven working days of the receipt of the notice, cause the amendments to be printed and circulated to members. Thereafter, it shall be printed in the Order Paper of the Senate.

“The Mover or Movers of the amendments shall be allowed to explain in detail the proposed amendments. Thereafter, the Senate shall decide by simple majority votes whether the amendments should be considered or rejected.

“If the decision is to consider the amendments, then another date shall be set aside by the Rules and Business Committee whereby opportunity would be given to Senators to further propose amendments but must strictly be confined to the original amendments.

“Two-third majority shall decide the amendments and such amendments shall form part of the rules of the Senate.”

The aggrieved Senators asked the court to determine five issues including the determination of the fact that the Senate Standing Orders 2015 was “strange, manipulated and illegal.”

Whether in the light of the provision of Section 60 Constitution of the Federal Republic of Nigeria 1999(as amended) which donated power to the Senate to regulate its procedure, donates or confers on any other body or authority power to amend the Senate Standing Orders 2007 the extant Standing Order (as amended) contrary to or in clear violation of Order 110 Standing Order 2007(as amended).
Whether in the light of provision of Section 60, Constitution of the Federal Republic of Nigeria 1999 (as amended) Senate Standing Orders 2015 as amended which was and still being used by the 8th Senate is not invalid for violating the provisions of Order 110 of the Standing Orders of the Senate 2007 (as amended) made pursuant to the said Section 60 of the said Constitution of the Federal Republic of Nigeria 1999 (as amended).
Whether in the light of the combined effect of Section 60 of the 1999 Constitution of the Federal Republic of Nigeria 1999(as amended) and Order 110 Standing Order of the Senate 2007(as amended) the Senate Standing Orders 2015(as amended) is not unconstitutional, unlawful, and ultra vires the maker or makers and consequently null and void.
Whether in light of all of the above, all parliamentary business of the 8th Senate predicated and conducted with the use of the Senate Standing Orders 2015(as amended) is not unlawful, illegal, ultra vires, null and void.
Whether all proceedings conducted with the use of the Standing Orders of the Senate 2015 (as amended) are invalid and illegal having not been made pursuant to the Standing Orders of the Senate 2007 (as amended) which was in use by the 7th Senate and remained the extant Rules of the 8th Senate having not been amended.

No date has been fixed for the hearing of the suit which was filed yesterday on behalf of the plaintiffs by Chief Anthony A. Adeniyi; Ibrahim Muhammed Sani; Adetunji Oso; I. K. Olarenwaju; Umar Abdulhameed; Rotimi Olorunfemi; Alabi Lawal; S. B. Oladeinde; K. Kokowei; and Kester Oyibo.

The courts are currently on vacation, but the lead counsel, Chief Anthony Adefuye, has filed an affidavit of urgency to enable a vacation judge to take charge.
http://thenationonlineng.net/why-we-want-saraki-ekweremadu-sacked/

K

When they get tired of seeking, they will sought