The Federal High Court sitting in Abuja, on Thursday, struck out a suit asking it to stop any attempt to reconvene the Senate for the purpose of removing Bukola Saraki as the Senate President.
Justice Nnamdi Dimgba terminated further hearing on the suit which was filed by two former All Progressive Congress, APC, Senators, Rafiu Adebayo and Isa Misau, following an application by the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN.
At the resumed hearing of the case marked FHC/ABJ/CS/843/2018, no lawyer appeared on behalf of the plaintiffs.
Consequently, the AGF who was represented by T. D. Agbe, urged the court to strike out the case for want of deligent prosecution.
The AGF further prayed the court to award a cost of N10million against the plaintiffs who he accused of filing a frivolous suit.
He noted that the plaintiffs who were previously represented by a consortium of Senior Advocates of Nigeria led by Mahmud Magaji and Emeka Etiaba, were aware that the matter was slated for hearing.
“We apply for a substantial cost to be awarded against the plaintiffs to teach them a lesson. This court is not a playground, it is a place for serious business”, the AGF submitted.
Counsel to both the Inspector General of Police, Mr. Kola Oluwole and that of the Department of State Service, Shimana Azeh, adopted the position of the AGF and requested that the case should be struck out.
In a short ruling, Justice Dimgba acceded to the request of the Defendants and struck out the case for want of diligent prosecution.
The plaintiffs who are representing Kwara South and Bauchi Central, respectively, had alleged that some chieftains of their former party, APC, led by its National Chairman, Adams Oshiomohole and the AGF, had perfected plans to use security agencies to force Saraki to vacate his position as the Senate President.
They applied for an order of interlocutory injunction stopping any impeachment proceeding against Saraki, pending the determination of legal issues they posed before the court. In a 13 paragraphed affidavit that was personally deposed to by Senator Misau, he told the court that the APC was collaborating with key security agencies and the AGF to ensure Saraki’s removal, notwithstanding the number of Senators in his support.
According to him, “Unless the Defendants and their agents are restrained by this Honourable Court from taking the law into their hands, the constitution of the Federal Republic of Nigeria would not only be breached and violated by the Defendants but would also plunge the entire Country into a constitutional and social crisis of immense magnitude”.