By Aluta News
Feb. 8, 2022
The Federal High Court, Abuja will on April 26, deliver judgment in a suit filed against the Senate by Chairman, Code of Conduct Tribunal, Danladi Umar seeking to stop his probe over alleged misconduct.
Justice Inyang Ekwo fixed the date on Tuesday after Danladi and the four defendants in the matter adopted their final processes.
The four defendants are the Senate, the Senate President, Senate Committee on Ethics, Privileges and Public Petitions and the Attorney-General of the Federation.
At the resumed hearing on Tuesday, counsel to Umar, Mr Sunday Edwards told the court that his client was challenging the competence of the senate to investigate him on the grounds that it lacked such powers.
According to Edwards, the alleged assault happened outside the work environment of his client and as such had no relation to the provisions of Section 88 of the 1999 Constitution as claimed by the defendants.
Edwards urged the court to peruse the matter dispassionately and uphold the arguments of his client.
Addressing the court, counsel to the Senate, Ms Kafayat Suleiman maintained that the Senate derived it’s powers from Section 88 of the 1999 Constitution to investigate misconduct of public office holders.
She said that Danladi abused the powers of his office and his position according to the petition against him and it was the responsibility of the senate to investigate the veracity of the claim.
She urged the court to dismiss the suit and uphold the argument of her client.
The CCT chairman in the suit marked FHC/ABJ/ CS/671/2021 is challenging the powers of the Senate to investigate him in an alleged assault perpetrated against a security guard at a business plaza in Abuja.
In the suit, Danladi is asking the court for an order of perpetual injuction restraining the senate, it’s members and agents from conducting or continuing to conduct investigation into the allegations of assault levelled against him.
Specifically, the plaintiff wants the court to determine whether the alleged case of assault which took place at Banex Plaza in Abuja on March 29, 2021 formed part of the matters the Senate is constitutionally empowered to investigate.
Danladi also asked the court to determine whether the Senate and it’s committee on ethics and public petition are competent to investigate or invite him in relation to the investigation of the allegation of assault levelled against him.
He also asked the court to determine whether the powers of the Senate to conduct investigation is not governed or subject to the provisions of Sections 88 and 89 of the 1999 Constitution.
He prayed the court to declare that the alleged case of assault did not form part of the matters the Senate was constitutionally empowered to investigate.
He claimed that the investigation of the Senate into such matters amounted to usurpation of the powers of the police and the court.
After taking arguments from parties, Justice Ekwo fixed April 26 to deliver judgment.
The News Agency of Nigeria, (NAN) recalls that Umar allegedly assaulted Mr Sargwak, a security guard at Banex Plaza in Wuse 2, Abuja, following a squabble that ensued between them over a parking space on the premises.
The CCT boss, however, in a statement denied assaulting the security guard.
NAN