The Senate will on Monday appealed against a Federal High Court judgment on Friday which nullified the suspension of lawmaker representing Borno South Senatorial District, Senator Ali Ndume.
The upper chamber of the National Assembly, which stated through its lawyer, Chief Mike Ozekhome (SAN), in a statement on Sunday, disclosed that it would also apply for stay of execution at the Court of Appeal.
The FHC voided the suspension in the judgment delivered on the suit marked FHC/ABJ/CS/551/2017, which Ndume filed to challenge his suspension for 90 legislative days.
But in a statement issued by the Media Office of President of the Senate, which was signed by Ozekhome, the Senate faulted the judgment on various grounds.
It read, “The 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 (sic).
“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 to entertain the matter on several grounds, portions of which are outlined hereunder for the purpose of emphasis, as follows:
“That the Plaintiff wrongly joined several causes of action in his Originating Summons; 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.
“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.”