Senator Ali Ndume: Court voids senate suspension
The Senate has resolved that suspended Sen. Mohammed Ndume (APC) should resume sitting on Wednesday Nov. 15.
Although the senator last week, won a suit annulling his suspension, but the senate recalled the senator after he had served his suspension of 90 legislative days.
The decision was reached after a closed-door meeting by the Senate on Tuesday before its plenary session.
Sen. Ike Ekweremadu, Deputy President of the Senate, who presided over the plenary, said Ndume had served out his suspension of 90 legislative days, without prejudice to the current court process.
The News Agency of Nigeria recalls that the Senate had, on March 29, suspended former Senate Leader Mohammed Ndume over his call for an investigation into the allegation that Sen. Dino Melaye did not obtain first degree at the Ahmadu Bello University, Zaria, Kaduna State.
The university authorities later came out and declared that Melaye, APC – Kogi West, passed out with a degree at the institution.
The suspension order followed the recommendation of the Senate Committee on Ethics, Privileges and Public Petitions, which investigated the allegation.
The Chairman of the Committee, Sen. Sam Anyanwu, submitted his committee’s report which recommended that “the Senate do suspend Ndume for bringing Sen. Dino Melaye, his colleagues and the institution of the Senate to unbearable disrepute.
“This is even as at a time of our national life when caution, patriotism, careful consideration and due diligence should be our watch words.
“The suspension is with effect from March 29, 2017 to last for six months.
“After having been properly cleared of any wrong doings by the findings of the committee, Sen. Dino Melaye has been cleared of the allegations made against him and exonerated.”
Anyanwu had said that the recommendation was signed by seven members of the committee.
Senate had said it will file an appeal on Nov. 13 against judgment of the Federal High Court ordering it to pay all salaries and allowances of Sen. Ali Ndume, who has been on suspension.
The senate made this known in a statement by its Counsel, Mr Mike Ozekhome, on Sunday.
The Upper Chamber said it disagreed 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,’’ he said the trial court lacked requisite jurisdiction to hear the suit of the Plaintiff.
”The Senate’s argument is supported by various and current decisions of the apex court,’’ he noted.
The Senate expressed optimism that the decision of the trial court would be overturned by the Court of Appeal.
It said it had instructed the law firm of Mike Ozekhome’s Chambers to file an appeal against the judgment.
”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.”
