SAN FRANCISCO, August 14, (THEWILL) – Senators sympathetic to Senate President Bukola Saraki have asked the Federal High Court in Abuja to among others, restrain the Attorney General of the Federation (AGF), the Inspector General of Police (IGP) and the Department of State Services (DSS) from supporting any effort to sack Saraki through means other than that provided for under Section 50(2)(c ) of the Constitution.
The request from part of the reliefs in a suit filed on Monday by Senators Rafiu Adebayo (PDP, Kwara South) and Isa Misau (PDP, Bauchi Central) through a team of lawyers, including former Attorney General of the Federation (AGF) Kanu Agabi (SAN) and Mahmud Magaji (SAN).
In the originating summons, the plaintiffs want the Federal High Court to determine whether in view of the provisions of Section 50(1) (a) and (2) of the 1999 Constitution, Saraki, who defected to another political party as a result of the division in his former party, can be made to vacate his office other than in accordance with Section 50 of the constitution.
Section 50(2) states: “The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office (c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of that House.”
Listed as defendants in the suit are: The Senate, the Senate President, Deputy Senate President, Senator Ahmed Lawal (Senate Leader), Senator Bala Ibn Nallah (Deputy Senate Leader), Senator Emma Buacha (Deputy Minority Leader), Clerk of the Senate, Deputy Clerk of the Senate, Attorney General of the Federation, Inspector General of Police and Department of State Services (DSS).
Misau stated, in a supporting affidavit, that there was evidence of threat of constitutional breach which require the court to intervene by restraining the defendants from resorting to unconstitutional means to actualise their alleged threat and plot to unseat the Senate President following his defection to the PDP.
The plaintiffs are praying the court for, among others, an order restraining the 9th, 10th and 11th defendants, either by themselves, agents, servants, privies by whatsoever name so called from enforcing any act of the 1st, 3rd to 8th defendants purporting to have removed the 2nd defendant from office without such act being in compliance with the provisions of Sections 50(2) of the Constitution of the Fedora! Republic of Nigeria, 1999 (as amended).
They also sought for a declaration that the President of the Senate cannot be said to have vacated his office by virtue of Section 50(2)(c) of the Constitution when he has not been removed from office by the votes of not less than two-third majority of the members of the Senate.
No date has been set for the hearing of the suit.
