Alleged forgery: Ekweremadu asks court to dismiss anti-Saraki suit

Alleged forgery: Ekweremadu asks court to dismiss anti-Saraki suit

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The Deputy of the Senate President, Ike Ekweremadu, yesterday challenged the competence of a suit instituted by five senators challenging the legality of the election of Dr. Bukola Saraki as Senate President and Ekweremadu as his deputy before the Federal High Court sitting in Abuja.

The plaintiff in the fresh suit argued that five aggrieved senators erred in law by filing the action vide originating summons. He further claimed that since the case of the aggrieved All Progressives Congress (APC) senators was predicated on alleged forgery of the Senate Standing Order, they ought to have brought the action to court through a writ of summons instead of originating summons. In a motion on notice filed by his counsel, Patrick Ikwueto (SAN), Ekweremadu prayed Justice E.S Chukwu to order that the case of the aggrieved senators was inappropriate for determination vide the originating summons procedure.

The Deputy Senate President also asked the judge to order that the case be transferred for hearing under the general cause list and that the parties in the suit be directed to file and exchange pleadings and witness statements on oath for hearing and determination of the suit.

The grounds of Ekweremadu’s motion was that when a case is transferred to another court to be commenced de novo (afresh), it is trite law that the suit be heard anew and that all findings of the previous court cannot be adopted or built upon by the new court. He argued that the suit filed by originating summons of July 27, 2015 was anchored on alleged falsification of the standing order of the Senate.

In an 18-paragraph affidavit in support of the motion, Ekweremadu claimed that the allegation of contriving or concocting the Senate Standing Orders 2015 amounted to falsification, forgery or fraud and that by the nature, the suit cannot be decided by originating summon, but by the writ of summon where evidence can be adduced orally. “I have vehemently asserted in my counter affidavit to the Originating

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