A Federal High Court in Abuja has warned against unlawful removal of Senate President, Abubakar Bukola Saraki until the determination of the suit challenging his removal.
While adjourning for service of processes, Justice Nnamdi Dimgba yesterday ordered parties in the matter not to take any steps to undermine the authority of the court.
“Parties have been enjoined to respect the authority of the court and the integrity of the judicial process and should not take steps that will render the matter nugatory,” he said.
Senators Rafiu Adebayo (Kwara South) and Isa Misau (Bauchi Central) are seeking an interlocutory application restraining the Senate from impeaching Saraki following his defection from the ruling All Progressives Congress (APC) to the Peoples Democratic Party (PDP).
At the hearing on Tuesday, Emeka Etiaba (SAN) and Mahmud Magaji (SAN), representing the senators, asked the court to make preservatory orders in order to protect the subject matter before the suit.
The senators want the court to hold that by Section 50(2)(c) of the 1999 Constitution the fact that the members of the Senate are 109 in number, “any number less than 72 out of the 109 members of the Senate cannot validly sit and remove the President of the Senate of the Federal Republic of Nigeria whether by impeachment or whatever name so called.”
Those joined as defendants in the suit are: Senate, the Senate President, Deputy Senate President, Senator Ahmed Lawan (Senate Leader), Senator Bala Ibn Nallah (Deputy Senate Leader), Senator Emma Buacha (Deputy Minority Leader), Clerk of the Senate, and Deputy Clerk of the Senate.
The court directed the senators to serve necessary processes on the defendants in the matter.
The suit was adjourned to September 13 for hearing.
