A Federal High Court sitting in
Abuja, on Thursday threatened to commit the Senate President, Bukola Saraki and
Clerk of the National Assembly, Alhaji Mohammed Sani-Omolori to prison if they
further fail to obey its order of June 13, 2018.
The court had ordered Saraki and
Sani-Omolori to swear-in Air vice Marshal Isaac Mohammed Alfa (rtd) as the
Senator representing Kogi east, just as it ordered Senator Attai Aidoko (PDP,
Kogi east) to vacate the seat because he was not validly elected.
The presiding judge then, Justice
Gabriel Kolawole (now Justice of the Court of Appeal) in addition ordered
Independent National Electoral Commission (INEC) to re-issue certificate of
return in favour of Alfa.
Despite the validation of the
Federal High Court judgement by the Court of Appeal and the Supreme Court,
Aidoko had through his lawyer, Patrick Ikwueto (SAN) on January 28, 2019, filed
another suit before the same Federal High Court, asking it to set aside its
order of June 13, 2018.
The Federal High Court on
February 21, 2019, struck out the suit on the grounds that its order of June
13, 2018, is still valid and subsisting.
But Alfa’s lawyer, Reuben
Egwuaba, applied for ‘’Form 48’’ which is a ’’notice of consequences of
disobedience to order of the Federal High Court, Court of Appeal and the
Supreme Court’’.
However, the Court yesterday
granted Alfa’s application to warn Saraki and Sani-Omolori against further
delay to inaugurate him As Senator.
Justice Inyang Ekwo held that
Saraki and Sani-Omolori should, ‘’take notice that unless you obey the order
contained in this order you will be guilty of contempt of court and will be
liable to be committed to prison’’.
Senator Aidoko’s appeal against
Justice Kolawole’s judgement at the Court of Appeal was dismissed on October
24, 2018, thereby affirming the Federal High Court judgement.
He further appealed against the
Court of Appeal Judgement before the Supreme Court which was struck out on
January 23, 2019 on the ground that it was caught by the amendment to Section
285 of the constitution, which took effect from June 7 last year.
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