The Senator representing Zamfara Central, Senator Kabiru Marafa, has dragged the Senate to court over plan to sanction him by the upper chamber for alleged unethical remarks.
Marafa asked the court to halt his trial by the Senate Ethics, Privileges and Public Petitions Committee.
In a letter to the Senate President, Bukola Saraki, and dated February 18, 2016, Marafa drew the Senate’s attention to a case pending before an Abuja High Court against the alleged illegal constitution of 65 Senate Committees.
He submitted that until that case was determined, the Senate could not investigate or try him using same committees he was asking the court to quash.
The Senate had on Tuesday asked its committee on Ethics, Privileges and Public Petitions to try Marafa for allegedly making an uncomplimentary remark against it.
Marafa’s letter which was written by his lawyer, Chief Ademuyiwa Adeniyi pointed stated:
“In the light on the above and being cognisant of the fact that the legality of the committees amongst which is the Ethics, Privileges and Public Petitions committee, it would be out of place for our client to be arraigned, tried, and has his fate determined both by the said Committee and whatever the recommendation of the committee might be presided over by your Excellency without infracting the fair hearing rule “NEMO JUDEX IN CAUSA SUA” meaning that ” a person cannot be a judge in his own case”
“Obviously, our clients cannot under this circumstance have a fair hearing.
“Commonsense requires that the urgency of the Senate in respect of the above matter is unnecessary; it is thus prudent by stepping it down for our client’s case to be heard and determined by a Court of competent jurisdiction as provided by section 36 (1) in the constitution of the Federal Republic of Nigeria.
“Nothing is more honourable than allowing justice to take its full course since this is a jurisprudential principle recognised by the extant rules of the Senate.”
Following the constitution of 65 new committees by the Senate last year, Marafa had instituted a case at the Abuja division of the Federal High Court in a suit titled “Senator Kabiru Marafa Vs National Assembly seeking the following reliefs:
* A declaration that the constitution of 65 Senate special and Standing Committees was ultra vires the Senate for failing to comply with the extant provision of section 62 (1)(2) and (3) as circumscribed in the constitution of the Federal Republic of Nigeria.
* A declaration that the increase in the number of Senate Committees from the 57 as contained in Orders 96, 97 and 99 of the Senate Standing Orders 2015 as amended has no justifiable legitimacy, illegal and unlawful.
* A declaration that the redesignation of Senate Committees by reducing their areas of jurisdiction as set out in the extant Senate Standing Orders 2015 as amended is ultra vires the Senate President and any Committee of the Senate.
“A declaration that the nomination of senators to serve as. Presiding officers and appointment of principal officers and other officers of the Senate is contrary to and in a violation of the provision of Order 3 Rule 2 of the Senate standing Orders 2015 as amended and thus void, unlawful, illegal and unconstitutional.
“An Order of Court. Declaring as invalid all appointments in violation of and infractions of the Constitution and extant Senate Standing Orders, thus voiding all such appointments; thus declaring them as invalidly made.”
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