The Nigeria Senate has recalled its former majority leader, Mohammed Ali Ndume following his successful court case challenging his suspension.
Some Senators have disagreed with the chamber’s counsel, Mike Ozekhome (SAN) for proceeding on appeal against the High Court judgment that declared Ndume’s suspension illegal without the resolution of members.
The Senate being dissatisfied with the decision of Justice Babatunde Olaide Quadri of a Federal High Court sitting in Abuja on November 10, 2017 in a suit delineated FHC/ABJ/CS/551/2017 which was filed by Senator Ndume against the Senate President, the Senate and the Chairman, Senate Committee on Ethics, Privileges and public petitions, Senator Samuel Anyanwu, declaring the suspension of Senator Ndume illegal, filed a suit to contest the decision of the lower court.
The appeal of the senate contested the judgment of the lower court in its entirety on six grounds of appeal and asking the court to allow the appeal, set aside the judgment of the lower court and dismiss the suit for want of jurisdiction.
A Motion on Notice for Stay of Execution was also filed before the Federal High Court pursuant to Order 32 Rule 1 of the Federal High court Civil Procedure Rules 2009 and under the inherent jurisdiction of the court as preserved by section 6 (6) A of the Constitution of the Federal Republic of Nigeria, 1999, as altered.
Ozekhome has filed a notice of appeal against Friday’s judgment of Justice Babatunde Quadri of the Federal High Court, Abuja which declared Ndume’s suspension as illegal, null and void. The appellants are Senate President Bukola Saraki and the Chairman of the Senate Committee on Ethics and Privileges, Samuel Anyanwu.
A ranking Senator who begged anonymity said; “So far, we have not agreed at the Executive Session to go to the Court of Appeal on this matter. We are all war-wearied, we want peace now, we are tired of any row among us. “Even the High Court refused to award cost in the spirit of engendering peace and harmony in the Senate. We will prefer to broker peace between the Senate President and Ndume.”
Another Senator from the South-East said: “I think our counsel was only acting on the basis of law but we will rather proffer political solution to the judgment of the High Court. It is not every time you go to court.”