Lawyer queries Saraki, others over participation in Magu's screening
Some senators have been warned not to participate in an upcoming screening process in the red chambers
- The screening is that of the chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu
- The warning was made by Barrister Inibehe Effiong
Barrister
Inihebe Effiong has issued a warning to some senators including Senate
President, Bukola Saraki and minority leader, Godswill Akpabio.
Effiong
warned Saraki, Akpabio and nine other senators against participating in
the screening and reconfirmation hearing of Magu for the position of
substantive chairman of the EFCC.
Magu, the acting EFCC chairman was re-nominated by President Buhari, and is scheduled to be screened by the Senate on Wednesday, March 15.
In
a statement issued on Tuesday by Effiong, the lawyer stated that the
senators are ineligible to participate in the nomination hearing and
risk being in contempt of court if they do.
According
to him, the Senate is aware of a pending suit filled by anti-
corruption activist, Raji Rasheed Oyewumi, against Saraki and 14 others
before Justice Binta Nyako of the Federal High Court, Abuja.
In addition to Saraki and 10 of
his colleagues, others joined as defendants in the suit are the Clerk of
the National Assembly Senate, Attorney General of the Federation and
Magu.
On Monday, February 13, Justice
Binta Nyako granted leave to Oyewunmi upon a motion ex parte moved by
Effiong to effect service of the processes in the suit on Saraki and 10
other senators at the Nigerian Senate.
Effiong said: “The
certified true copy of the enrolled order for substituted service dated
February 23, 2017 together with the originating summons and other
accompanying processes in the suit were duly and effective served on the
clerk of the National Assembly by the bailiff of the court on Friday,
February 24, 2017.
“A counsel
in the Office of the Clerk of the National Assembly (Mrs Adeagbo Esq.)
personally called the plaintiff’s lawyer on Tuesday, March 7, 2017 to
acknowledge the receipt of the court processes.” Effiong said.
Based
on this Effiong argued that Saraki and the 10 other senators are
therefore legally ineligible to take part in Mr. Magu’s reconfirmation
hearing.
“We admonish the Senate
President that the 10 other named senators affected by the suit not to
participate in the scheduled screening excersie.
“Our admonition is premised on
the tested on the tested and trite legal principle of Lis Pendens,
which prohibits a litigant or party to a suit from taking any step or
actionwhich is capable of altering, affecting, destroying or prejudicing
the subject matter before the court”, Effiong said.
Effiong
also noted that Order 53(5) of the Senate Standing Order 2015 (As
amended) expressly forbids the Senate from discussing any matter which
is the subject of pending.
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