By Ik echukwu Nnochiri

ABUJA — The  Abuja Division of the Federal High Court, yesterday, fixed August 13 to begin hearing on the suit seeking to stop Dr. Bukola Saraki from further exercising the powers of the Senate President.

The suit marked  FHC/ABJ/CS/651/2015, was lodged before the high court  by five Senators belonging to the All Progressives Congress, APC.

The plaintiffs— Senators Abu Ibrahim, Kabir Marafa, Ajayi Boroffice, Olugbenga Ashafa and Suleiman Hunkuni— are praying the court to restrain Saraki and his deputy, Ike Ekweremadu, from relying on the provisions of the alleged forged Senate Standing Orders 2015 to conduct the affairs of the Senate.

They earlier applied that an interim order of injunction be issued against the duo and the Clerk of the National Assembly,  who were all sued as defendants in the matter.

Other defendants in the suit include the Senate itself and the National Assembly.

The plaintiffs were all members of the Unity Forum in the Senate that supported Ahmed Lawan to emerge as the Senate President in the election that was won by Saraki on June 9.

Justice Gabriel Kolawole had on July 28 declined to grant an ex-parte application by the plaintiffs.

In the ex-parte argued by their lead counsel,  Chief Mamman Osuman, SAN, the plaintiffs specifically sought “an interim order of injunction restraining the 1st, 2nd and 5th defendants/respondents (Saraki, Ekweremadu and the Senate) from constituting the chairman and deputy chairmen of committees, or sub-committee whether standing and ad-hoc committees on the basis of the provisions of the Senate Standing Orders 2015 (as amended) or any other order and any other set of rules pending the hearing and determination of the motion on notice.”

Instead of granting the motion, Justice Kolawole ordered the plaintiffs to put the defendants on notice to enable them to appear in court yesterday.

Saraki rejects service  of court processes 

Meantime, at the resumed sitting, yesterday, Saraki, challenged the manner the court process was served on him.

Saraki, through his lawyer, Mr. Sikiru Oke, contended that the plaintiffs ought to have served the suit on him personally.

He told the court that the court processes were served on the office of the Senate President, contrary to the correct mode of service as prescribed by the  Federal High Court Rules 2009.

His contention was, however, dismissed by counsel to the plaintiffs, Mr. Dele Adesina, SAN, who insisted that all the parties in the matter were properly served with the relevant court processes.

Meanwhile, even though Justice Kolawole noted that Saraki’s lawyer, who said his appearance in court, yesterday, was “on protest,” failed to file a “memorandum of conditional appearance,“ he however adjourned till August 13 to enable a new vacation judge to hear and decide on the issue.

Justice Kolawole said he would transfer the case-file to Justice Ademola  Adeniyi for hearing on the next adjourned date.

The plaintiffs are among other things, seeking the nullification of  the Senate Standing Orders 2015, as well as, the setting aside of the election of Saraki and Ekweremadu for being products of bogus rules.