Borno South Sen. Ali Ndume defeated the Senate at the Federal High Court last week, when Justice Babatunde Quadri ruled that his six months suspension is illegal. The court also ordered the Senate to pay him all his outstanding allowances.
The Senate has said that it disagrees with the high court’s ruling and has now filed an appeal against it at the Abuja Division of the Court of Appeal. It is also asking the Court of Appeal to stay execution of the judgment pending the hearing of the appeal.
The argument of the Senate, through its counsel, Mike Ozekhome (SAN) was that:
- The high court lacks the jurisdiction to entertain the suit filed by Ndume based on the provisions of sections 3 and 30 of the Legislative Houses (Powers and Privileges) Act.
- That Ndume wrongly joined several causes of action in his originating summons.
- That an action for the enforcement of fundamental rights to fair hearing could 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.