The political nightmares of suspended but recalled Senator Ali Ndume representing Borno South Senatorial District took a new dimension Monday as the Upper Legislative House has opted to appeal a court order that recalled him.
Ndume has been away from the Senate for six months after members sent him home for going against them over issues related to the non-confirmation of Economic and Financial Crimes Commission boss, Ibrahim Magu.
Ndume was, again, recently dragged to the National Assembly by State Borno lawmakers for allegedly assaulting one of them.
Yesterday, the legal counsel to the Senate, Mike Ozekhome SAN, issued a statement on the Senate’s intention. It reads: Senate of the Federal Republic of Nigeria, will on Monday, November 13, 2017, file an appeal against the judgment of the Federal High Court, delivered today, 10th of November, 2017, .
It is important to state clearly, that the Senate respectfully disagrees with the said judgment.
For the records, the Senate had challenged the jurisdiction of the Federal High Court toentertain the matter on several grounds, portions of which are outlined hereunder for the purpose of emphasis, as follows:
1. That the Plaintiff wrongly joined several causes of action in his Originating Summons.
2. That an action for the enforcement of fundamental rights to fair hearing can only be brought against a court or a tribunal, established by law as held by the Supreme Court in several current cases, and not against Committee of a legislative body.
3. That by the provisions of sections 3 and 30 of the Legislative Houses (Powers and Privileges) Act, the trial court lacked requisite jurisdiction to hear the suit of the Plaintiff.
The Senate’s argument was supported by various and current decisions of the apex court. The Senate of the Federal Republic of Nigeria which has the strong conviction that the decision of the trial court will be overturned by the Court of Appeal, has accordingly instructed the law firm of Mike Ozekhome’s Chambers, to file an appeal against the judgment immediately.
The notice of appeal is ready and would be filed unfailingly by Monday morning. An application for a stay of execution of the orders of the court will also be filed same time.