The Federal High Court sitting in Abuja yesterday refused to grant an interim order stopping the nomination of former Governor of Akwa Ibom State, Senator Godswill Akpabio as the Minority Leader of the Senate.
The plaintiffs, Alaye Pedro and Dr. Okechukwu Ibeh, had approached the court through ex parte wherein they indicated that Akpabio had been tipped for the position in breach of the Senate Standing Order which prohibits appointment of a first-term senator like the former governor into any principal office of the Senate. Ruling on the application, the trial judge, Justice Gabriel Kolawole, dismissed majority of the prayers. The court further held that the plaintiffs, not being members of the Senate, lacked the locus standi to file the suit and be granted such application.
The court later adjourned the main suit till October 5 and opted to return the case file to the Chief Judge of the Federal High Court who will re-assign same to another judge when the court resumes from its ongoing vacation. Cited as respondents in the suit are Senate President Bukola Saraki and Akpabio in the suit, which is marked FHC/ ABJ/CS/602/2015.
The rest of the respondents are 16 PDP senators from the South-South, the region to which the Peoples Democratic Party (PDP) as the leading minority party in the Senate had zoned the position of the Minority Leader.
The other respondents include Senators Nelson Effiong, Bassey Albert, Emmanuel Paulker, Ogola Foster, Ben Murray Bruce, John Enoh, Gershom Bassey, Rose Oko, James Manager and Peter Nwaoboshi.
Others are Senators Ighoyota Amori, Clifford Ordia, Mathew Urhoghide, George Sekibo, Olaka Nwogu, and Osinakchukwu Ideozu. The court also held that it was not convinced that the plaintiffs, not being members of the Senate, had the locus standi to institute the action. Justice Kolawole also refused to grant the plaintiffs’ request for an order for abridging the time within which the respondents to the suit have to file their defence.
In a motion ex parte argued by the plaintiffs’ counsel, Bankole Akomolafe, they asked the court to restrain the defendants from selecting or appointing the Minority Leader of the Senate by a procedure in breach of order 3 (2) of the Senate Standing Order 2015 as amended pending the determination of their suit.
They also asked for order prohibiting the Senate President from accepting, recognising or appointing the Minority Leader by a procedure in breach of order 3(2). In two separate affidavits in support of their motions, they claimed that new members of the Senate are excluded in holding any Senate principal office.
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