A federal high court in Abuja on Tuesday fixed April 26 for judgment in a suit instituted against the Senate by the Chairman, Code of Conduct Tribunal (CCT), Danladi Yakubu Umar, seeking to stop upper legislative chamber from probing him on an alleged public misconduct.
Justice Inyang Ekwo fixed the judgment date after Danladi and the four defendants in the matter adopted their final processes.
The four defendants in the matter 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 filed by his lawyer, Mr Sunday Edward, the plaintiff 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 via a petition submitted to the Senate.
Specifically, the plaintiff wants 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 the court 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 investigation are not governed or subject to the provision of sections 88 and 89 of the 1999 Constitution.
The plaintiff therefore wants the court to declare that the purported case 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 asked the court to declare that the Senate’s moves to conduct investigation in the matter is unconstitutional and it amounts to unwarranted usurpation of the functions of the police and of the court of competent jurisdiction.
At Tuesday’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 in the matter.
Recall that in a video that went viral last year, Mr Umar was caught on camera at the Banex plaza assaulting a security guard, Mr Sargwak, an employee of Jul Reliable Guards Services Limited.
The disagreement was over the space where the CCT chairman parked his car on the premises of the plaza.
Despite the video evidence, Umar denied the assault allegation.
In a twist, the security guard wrote a petition to the National Assembly. Umar subsequently rushed to court questioning the powers of the lawmakers to probe the incident.
