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…as court gives judgment, April 26
By Vivian Okejeme, Abuja
The Senate has asked Justice Inyang Ekwo of the Federal High Court Abuja, to dismiss a suit filed by Chairman, Code of Conduct Tribunal, Danladi Umar, against the Senate, seeking to stop his probe over alleged misconduct.
Umar was alleged to have publicly assaulted one Sargwak, a security guard at Banex Plaza in Wuse 2, Abuja, following a disagreement that ensued between them over a parking lot on the premises.
The Senate, who premised on Section 88 of the 1999 Constitution, submitted that the Senate has powers to investigate the alleged misconduct of Danladi, as a public office holder.
Counsel to the Senate, Ms Kafayat Suleiman, said Danladi abused the powers of his office and his position according to a petition against him and it was the responsibility of the Senate to investigate the authenticity of the claim.
Suleiman further urged the court to dismiss the suit and uphold the argument of her client.
Mentioned as defendants in the suit are the Senate, Senate President, Senate Committee on Ethics, Privileges and Public Petitions and the Attorney-General of the Federation.
In his argument, counsel to CCT chairman, Mr Sunday Edward, told the court that his client was challenging the competence of the Senate to investigate him on the grounds that it lacked such powers.
He maintained that the alleged assault happened outside the work environment of his client and as such, had no relation to the provisions of Section 88 of the 1999 Constitution as claimed by the defendants.
He urged the court to take a cursory look at the matter, and uphold the arguments of his client.
By the suit marked FHC/ABJ/ CS/671/2021, the CCT chairman is challenging the powers of the Senate to investigate him in an alleged assault perpetrated against a security guard at a business plaza in Abuja.
Danladi is asking the court for an order of perpetual injunction restraining the senate, it’s members and agents from conducting or continuing to conduct investigation into the allegations of assault levelled against him.
Danladi also asked the court to determine whether the Senate and it’s committee on ethics and public petition are competent to investigate or invite him in relation to the investigation of the allegation of assault levelled against him.
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 prayed the court to declare that the alleged case of assault did not form part of the matters the Senate was constitutionally empowered to investigate.
He also asked the court to determine whether the powers of the Senate to conduct investigation is not governed or subject to the provisions of Sections 88 and 89 of the 1999 Constitution.
He claimed that the investigation of the Senate into such matters amounted to usurpation of the powers of the police and the court.
After counsel in the matter had adopted their final arguments, the trial judge, Justice Ekwo slated April 26, for judgment.
