Court Blocks Saraki, Dogara, Others From Further Investigating The Senate’s Invasion Incident

A High Court of the Federal Capital Territory (FCT) in Bwari has barred Nigeria’s Senate President, Bukola Saraki, Speaker House of Representatives, Yakubu Dogara and eight others from continuing with the investigation of the reported invasion of the National Assembly on the 18m April, 2018 and the theft thereof of the Senate mace in which Senator Ovie Omo-Agege was allegedly accused.

The lawsuit, in which the court made the order  was filed by Senator Ovie Omo-Agege who is currently challenging the legitimacy of the ad-hoc committee constituted by the Senate leadership on April 25, 2018 to probe the alleged invasion and subsequent theft of the Senate’s mace.

Senator Omo-Agege who represents Delta central in the suit marked: BW/M/204/2019, had expressed concern that Saraki had, before setting up the ad-hoc committee, told the press that he (Omo-Agege) was responsible for the invasion.

The senator in his suit said it is ultra vires of the power of Saraki to prejudged the outcome of the investigation by the committee and unlawful for them to reprimand or suspend him from service of the legislative house to the end of legislative session which date is on or about Thursday. the 6th day of June. 2019.

He also accused Saraki of predetermined mind set of setting up the committee and that he has prejudged them and biased the mind of the Joint Committee members against him of guilty of the theft of the Senate mace even before the beginning of the inquiry.

Ruling on the suit on Monday, Justice Othman Musa of the Bwari High Court in the FCT, granted the restraining order sought by the Applicant (Omo-Agege), saying the restraining order shall remain pending the determination of a suit filed by Senator Ovie Omo-Agege, in which he challenged the legitimacy of the ad-hoc committee constituted by the Senate’s leadership on April 25, 2018 in the wake of the invasion, during which the Senate’s mace was also stolen.

Justice Musa said: “Leave is granted to the Applicant to serve the 1st -10th respondents by substituted means, by serving the originating motion and other processes in the suit on any responsible clerk or staff at the office of the Clerk of the National Assembly, at the National Assembly Complex, Three Arms Zone, Federal Capital Territory, Abuja or publishing same processes on any national daily with national circulation.

“Reliefs iii, iv, v, vi are not granted as prayed, in its place, the 1st – 10th respondents are ordered and admonished not to obstruct the cause of justice and abide by the authority in the Supreme Court decision in  UBA Plc vs. Ajabule 2011 LPELR 8239 SC and Military Governor, Lagos State vs. Ojukwu.

“To this end, the respondents, their servants, agents, officers, privies, sergeants at arms or whosoever are restrained from taking any further action on this subject matter, and to maintain the status quo as of today, pending the hearing of the originating motion.

“Originating motion and all pending applications are fixed to the 13th day of May, 2019 for definite hearing. Case is adjourned to the 13th day of May 2019 for definite hearing.“

In the suit, the President of the Senate, the Speaker of the House of Representatives, the Deputy Senate President, the Deputy Speaker of the House of Reps, Senator Ahmed Lawan (Senate Leader), Senator Bala Na’Allah (Chairman, joint ad-hoc committee investigating the Invasion of the National Assembly on the 18th of April 2018 and the theft thereof of the mace) are listed as 1st to 10th defendants respectively for himself and on behalf of all other members of the committee.

Others are: Hon. Betty Apiafi (Co-Chairman Chairman, joint ad-hoc committee investigating the Invasion of the National Assembly on the 18th of April 2018 and the theft thereof of the mace), the Clerk of the National assembly, the Clerk of the Senate and the Clerk of the House of Reps.

Omo-Agege in the suit marked: BW/M/204/2019, others, declare that, by virtue of Section 14(2) of the Legislative Houses (Powers and Privileges) Act, 2017 it is ultra vires of the power of the respondents and unlawful for them to reprimand or suspend him from service of the legislative house to the end of legislative session which date is on or about Thursday. the 6th day of June. 2019.

The senator also seeks a declaration that the attempt to try, indict. suspend, humiliate and destroy the political career of the applicant by the respondents and their agents without any verifiable proof of the applicant committing any known offence and without justifiable legal reasons whatsoever is not in accordance with the procedure permitted by law and ipso facto iIlegal, unlawful and unconstitutional.

Omo-Agege is praying the court for an order of perpetual injunction  restraining the Senate President, the House of Reps’ Speaker, the Deputy Senate President, The Deputy Speaker, the Clerks of the National Assembly, the Senate and House of Reps (listed as 1st, 2nd, 3rd, 4th, 8th, 9th and 10th respondents)  and their  agents “from further inquiring into, investigating, hearing or determining any issue whatsoever arising from, or pertaining to the invasion of the National Assembly by some unknown thugs and hooligans on the 18th April, 2018 and the theft thereof of the Senate mace or recommending the imposition of any sanction or penalty on the applicant in connection with the said invasion”

He is also seeking an order “directing the 1st, 2nd, 3rd, 4th, 8th, 9th and 10th respondents, their servants, agents, officers, privies, Sergeant at Arms or howsoever called to ensure full payment of salaries, allowances, remunerations, arrears (if any) and severance packages due to the Applicant alongside those of his co-senators and contemporaries.”

Omo-Agege wants the court to perpetually restrain “the respondents, their servants, agents, officers, privies, Sergeant at Arms or howsoever called from further debating, considering or accepting the report of the Joint Ad-hoc Committee created by the 1st respondent on Tuesday, the 25th of April, 2018 to investigate the Invasion of the National Assembly by some unknown thugs and hooligans on the 18m April, 2018 and the theft thereof of the Senate mace from the 5th respondent or anyone whosoever”.

The grounds on which he relied in seeking the reliefs include that he and other colleagues were caught unaware and were shocked at the reckless display of brigandage and hooliganism of these persons who snatched the mace and carted it away.

He said “Sequel to the unfortunate invasion under reference, the 1st respondent on the 25th of April, 2018 constituted a Joint Ad-hoc Committee to investigate the said invasion of the National Assembly on the 18m April, 2018 and the theft thereof of the Senate mace and same was chaired by the 6th respondent and the 7th respondent as the Vice Chairman of the committee.

“Without notice or warning to the applicant the 1st  respondent went to the press, among which was the Punch newspapers of Wednesday, May 9, 2018 at page 10 to accuse the applicant as the culprit.

“It was certain from the aforesaid predetermined mind set of the 1st respondent that he has prejudged the applicant and biased the mind of the Joint Committee members against the applicant of guilty of the theft of the Senate mace even before the beginning of the biased inquiry.

“The allegations against the applicant are criminal in nature and not an administrative indiscipline that could be entertained by any committee constituted by the respondents.“