The plaintiffs, Alaye Pedro and Dr. Ibeh, who are also members of the PDP but not members of the Senate, want the restraining order to last till when their main suit is heard and determined.
Pedro is a PDP member from Akuku-Toru Local Government Area of Rivers while Ibeh is a PDP member from Umukegwu/Umuodia Local Government Area of Imo State.
The suit is based on the provision of Order 3(2) of Senate Standing Orders 2015 (as amended) which prohibits the appointment of a first time Senator into any position of the Senate’s principal officers.
As it is, the suit appears to be targeted at stopping the nomination or appointment of former Governor of Akwa Ibom State, Godswill Akpabio, a first time senator who is from the South-south, the region to which the PDP had zoned the position.
The PDP being the leading minority party in the Senate and in fact, in the House of Representatives, is entitled to present the Minority Leader of the Senate.
Arguing the plaintiffs’ ex parte application yesterday, their lawyer, Mr. Bankole Akomolafe, referred the judge to a newspaper report which indicated that Akpabio had been tipped for the position of the Senate Minority Leader.
The newspaper report which was marked Exhibit D is part of the exhibits filed along with the ex parte application and the main suit.
Saraki and Akpabio are the first and second respondents to the suit, which is marked FHC/ABJ/CS/602/2015.
Other respondents are 16 PDP senators from the South-south.
They are 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 two plaintiffs stated in separate supporting affidavits to the ex parte application that “the larger PDP caucus in the 8th National Assembly have concluded plans to subvert the mandatory provisions of Order 3(2) of the Senate Standing Orders.”
Pedro and Ibeh contended in the affidavits that the PDP South South caucus “is bound to select or appoint the Minority Leader in strict compliance with Order 3(2) of the Senate Standing Orders 2015 (as amended) which emphasis ranking as basis for appointment of principal officers.”
Akomolafe, in his argument on his clients’ application, urged the court to restrain the respondents from taking steps on the appointment of the Senate Majority Leader pending the determination of the suit.
He also asked the court to grant an order of substituted service on the respondents through newspaper publications.
Akomolafe also said his clients would indemnify the respondents if their ex parte applications were found to be frivolous.
In their main suit, the plaintiffs ask for, “A declaration that Order 3(2) of the Senate Standing Orders 2015 (as amended) on the procedure for appointment of principal officers of the Senate is mandatory.
“A declaration that appointment of the Minority Leader of the Senate in breach of Order 3(2) of the Senate Standing Orders 2015 (as amended) is void.
“An order directing the respondents to comply with Order 3(2) of the Senate Standing Orders 2015 (as amended) in the appointment of the Minority Leader of the 8th Senate of the National Assembly.”
Justice Kolawole fixed ruling on the plaintiffs’ ex-parte application for today.
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