By Ben Ogbemudia, Abuja
A Federal High Court in Abuja yesterday fixed April 26 for judgment in a suit against the Senate by the Code of Conduct Tribunal (CCT) Chairman, Danladi Yakubu Umar seeking to stop the Senate from probing him on alleged public misconduct.
Justice Inyang Ekwo fixed the judgment date after Danladi, and four other defendants adopted their final processes.
The four defendants are the Senate, Senate President, Senate Committee on Ethics, Privileges and Public Petitions, and the Attorney-General of the Federation (AGF).
The CCT Chairman in the suit marked FHC/ABJ/CS/ 671/2021 is challenging the powers of the Senate to investigate him in an alleged assault perpetrated against a security guard at Banex Plaza in Abuja.
In the suit, the plaintiff, Mr. Sunday Edward, is asking the court for an order of perpetual injunction restraining the Senate, its members, and agents from conducting or continuing to conduct investigations into the allegations of assault leveled against him through a petition submitted to the Senate.
Specifically, the plaintiff wanted the court to determine whether the alleged case of assault, which took place at Banex Plaza in Abuja on March 29, 2021, formed part of the matters the Senate is constitutionally empowered to investigate.
He also asked to determine whether the Senate and its Committee on Ethics and Public Petitions are competent to investigate or invite him in relation to the investigation of the allegation of assault brought against him and whether the powers of the Senate to conduct the investigation are not governed or subject to the provision of Sections 88 and 89 of the 1999 Constitution.
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The plaintiff, therefore, wanted the court to declare that the purported cause of assault which took place on March 29, 2021, did not form part of the matters the Senate is constitutionally empowered to investigate.
He further wanted the court to declare that the Senate’s moves to conduct an investigation in the matter were unconstitutional and amounted to the unwarranted usurpation of the functions of the police and the court of competent jurisdiction.
At yesterday’s proceedings, Umar’s counsel asked Justice Ekwo to grant all the reliefs sought by his client and restrain the defendants from causing his investigation.
However, counsel to the Senate, Kafayat Suleyman urged the court to dismiss the suit, insisting that the Senate has the power under Section 88 of the Constitution to investigate alleged misconduct by any public officer.
Justice Ekwo, after taking arguments from parties, fixed April 26 to deliver judgment.
