The Senate has explained why it will not lift the six months suspension handed to Senator Mohammed Ali Ndume.
The senate, through its lawyer, Mike Ozekhome, SAN, said it disagreed with the verdict of the Federal High Court, Abuja, which not only voided Ndume’s suspension from the Senate since March 30, but also directed that he should be paid all his outstanding salaries and allowances.
Consequently, it has asked the Abuja Division of the Court of Appeal to set-aside the judgment, which was delivered last Friday by Justice Babatunde Quadri.
According to the Senate, “the high court lacks the jurisdiction to entertain the suit Ndume filed to challenge his suspension.”
However, in its appeal, the Senate maintained that the plaintiff wrongly joined several causes of action in his originating summons.
It argued that, “an action for the enforcement of fundamental rights to fair hearing could only be brought against a court or a tribunal, established by law as held by the Supreme Court in several current cases, and not against committee of a legislative body.”
It has, therefore, urged the appellate court to stay execution of the judgment pending hearing and determination of the appeal.