Justice Adeniyi Ademola of a Federal
High Court in Abuja on Wednesday rejected the move by the Deputy Senate
President, Mr. Ike Ekweremadu, to stop him from delivering his reserved
judgment in a suit challenging the leadership election of the 8th
Senate.
Justice Ademola declared on Wednesday
that he would go ahead to deliver his judgment on a date which he would
later communicate to the parties through their lawyers except if the
Chief Judge of the Federal High Court, Justice Ibrahim Auta, directs
otherwise.
“The court, having adopted parties’
written addresses on December 14, 2015, will give its judgment on a date
that will be communicated to parties through their counsel unless the
Chief Judge of the Federal High Court directs otherwise,” Ademola ruled
while adjourning the case on Wednesday.
The elections which produced Dr. Bukola
Saraki as the Senate President and Ekweremadu as his deputy are being
challenged by five senators of the All Progressives Congress on the
grounds that their (Saraki and Ekweremadu’s) elections on June 9, 2015,
when the 8th Senate was proclaimed, was conducted using a forged version
of the Senate Standing Orders.
The plaintiffs in the suit with
reference number FHC/ABJ/CS/651/2015, are senators Abu Ibrahim, Kabir
Marafa, Ajayi Boroffice, Olugbenga Ashafa and Suleiman Hunkuyi.
Ekweremadu is the second defendant in the suit.
The other defendants are Saraki, the National Assembly, and two clerks of the National Assembly.
While Saraki is of the APC like the plaintiffs, Ekweremadu is of the Peoples Democratic Party.
Four days after Justice Ademola heard
the parties to the suit and reserved judgment in the case on December
14, 2015, Ekweremadu initiated a move to stop the court from delivering
its verdict by levelling an allegation of bias against the judge via an
application which he sent to the Chief Judge of the Federal High Court,
Justice Ibrahim Auta, asking for the reassignment of the case to another
judge.
The Deputy Senate President, in his
application dated December 17, 2015 which was filed on December 18,
2015, alleged that Justice Ademola was bias in the handling of the case
due to his alleged closeness to the National Leader of the APC, Asiwaju
Bola Tinubu.
Ekweremadu, also a lawyer, alleged
further in the petition which he personally signed that the judge’s
wife, Mrs. Olabowale Ademola, was recently appointed as the Head of
Service in Lagos State due to his (Justice Ademola’s) relationship with
Tinubu.
If Ekweremadu’s application against the
Chief Judge succeeds, it would amount to starting the case, which had
been heard and reserved for judgment, afresh before a new judge.
Incidentally, the APC had, in the past,
accused Justice Ademola of being sympathetic to the PDP, following a
judgment delivered by the judge in April 2014 in which he faulted the
defection of 41 PDP lawmakers to the APC, saying that they (defectors)
ought not to remain in the National Assembly.
The said suit was initiated by the PDP
against the House of Representatives, its principal officers and the
defecting legislators.
Wednesday’s proceedings before Justice
Ademola were initially scheduled for parties to address the court on
Ekwemadu’s application.
But the judge later said that the
hearing was no longer necessary as he had resolved to deliver the
judgment unless the Chief Judge directed him not to.
All the parties, including Ekweremadu, were represented by their lawyers on Wednesday.
But all the Senior Advocates of Nigeria
representing all the defendants, including Ekweremadu’s lawyer, Mr.
Patrick Iwueto (SAN), only sent their juniors to the proceedings on
Wednesday.
Lead counsel for the plaintiffs, Chief
Mamman Osuman (SAN), informed the court that he had filed a response to
the application filed by Ekweremadu for the transfer of the case to
another judge.
In the response dated January 19, 2016,
Osuman described the content of Ekweremadu’s application as constituting
an injury to the person of the judge and his wife.
The lawyer also accused Ekweremadu of lying about the court’s proceedings which he never attended for once.
He said, “It is highly regrettable and
very unfortunate that a senator saddled with the responsibility of
enacting laws for the country will, out of desperation, tell a blatant
lie to scuttle justice and disparage the honour and integrity of a
judge.”
Punch
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