“Even though reliefs 1, 2, and 3, are not granted, needless to say, parties have been enjoined to respect the authority of the court and the integrity of the judicial process and should not take steps that will render the matter nugatory. “
A Federal High Court sitting in Abuja has refused to grant the request by some Senators loyal to the Senate President, Bukola Saraki to restrained the federal government from forcefully removing him from office.
Rather, Justice Nnamdi Dimgba said the suit filed by Senators Rafiu Adebayo (Kwara South) and Isa Misau (Bauchi Central) will be given an accelerated hearing.
The pro- Saraki Senators had filed the action against the Attorney General of the Federation and Minister of Justice, the Inspector General of Police and the State Security Service in a bid to restrain them from aiding the forceful removal of Saraki from office.
But the judge urged parties not to take steps that would force a fait accompli on the court.
While Magaji Mahmud SAN, and Emeka Etiaba SAN, appeared for the plaintiffs, T. D. Agbe appeared for the Attorney General of the Federation and Minister of Justice (10th defendant).
David Igbodo entered an appearance for the Police, just as S. Azi, appeared for the DSS.
Earlier, counsel to the Senators, Emeka Etiaba (SAN) had prayed the court through an exparte application to restrained the respondents from forcefully removing the Senate President from office.
In the alternative, the plaintiffs’ counsel prayed the court to make preservatory orders in order to protect the subject matter of the suit.
In his ruling on the exparte motion, Justice Dimgba held that in respect of reliefs 1, 2, and 3, which are orders of interim injunction, “I believe the proper order to make is an order of accelerated hearing of the suit so that the court can consider and determine the merits of the substantive case expeditiously.
“Even though reliefs 1, 2, and 3, are not granted, needless to say, parties have been enjoined to respect the authority of the court and the integrity of the judicial process and should not take steps that will render the matter nugatory. “
The court also granted reliefs 4 and 5 and directed substituted service of court processes, the originating summons and motion for injunction on the 1st to 8th defendants through the clerk of the National Assembly.
In addition, Justice Dimgba ordered substituted service on the 10th to 12th defendants by courier service.
The court consequently adjourned the matter till September 6, for accelerated hearing.
Others joined in the suit as defendants are the Senate, the Senate President, Deputy Senate President, Senator Ahmed Lawal (Senate Leader), Senator Bala Ibn Nallah (Deputy Senate Leader), Senator Emma Bwacha (Deputy Minority Leader), Clerk of the Senate, Deputy Clerk of the Senate and the Department of State Security Service (DSS).
