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techkenyot.com November 24, 2017


Senate lifts suspension on Ndume

14 November 2017, 07:33 | Casey Mitchell

Senate Appeals Court's Decision Setting Aside Ndume's Suspension

Senate not ready to take Ndume back

The appellant is further praying the appellate court to dismiss Ndume's suit.

A Federal High Court last week, ordered Ndume's immediate reinstatement and payment of all his entitlements for the period of the suspension.

"The notice of appeal is ready and would be filed unfailingly by Monday morning".

The grounds given by the senate for the application for stay of judgment execution is that the appeal raises good, arguably, triable and recondite issues and grounds of appeal which makes it a proper case for which the execution of the orders of the court as contained in the judgment should have stayed pending determination of the appeal.

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Ndume had told reporters in Abuja that he was prepared to resume sitting on November 15, 2017 at the expiration of his suspension. "The court judgement could as well have come after that resumption day", the source said.

The Borno senator‎ had asked the senate to investigate the allegation that the red chamber was exacting vengeance on Hameed Ali, comptroller-general of the Nigeria Customs Service, because of a seized bullet-proof vehicle allegedly owned by Saraki.

Senator Ekweremadu, who was presiding, said the Senate's decision is without prejudice to any ongoing court proceedings.

Justice Quadri held that "The suspension of the plaintiff is hereby declared illegal, unlawful and unconstitutional".

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Both men had appeared before the Senate Committee on Ethics and privileges and were cleared of the allegations.

The submitted that the lower court erred in law when it held that the respondent can join several causes of action in one suit.

"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.

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"The Senate of the Federal Republic of Nigeria, will on Monday, November 13, 2017, file an appeal against the judgment of the Federal High Court, delivered today, 10th of November, 2017", the statement signed by Mike Ozekhome, counsel to the Senate read in part.



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