Lawyer queries Saraki, others over participation in Magu's screening
- Some senators have been warned not to participate in an upcoming screening process in the red chambers
- The screening is that of the chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu
- The warning was made by Barrister Inibehe Effiong
Barrister Inihebe Effiong has issued a warning to some senators including Senate President, Bukola Saraki and minority leader, Godswill Akpabio.
Effiong warned Saraki, Akpabio and nine other senators against participating in the screening and reconfirmation hearing of Magu for the position of substantive chairman of the EFCC.
Magu, the acting EFCC chairman was re-nominated by President Buhari, and is scheduled to be screened by the Senate on Wednesday, March 15.
In a statement issued on Tuesday by Effiong, the lawyer stated that the senators are ineligible to participate in the nomination hearing and risk being in contempt of court if they do.
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According to him, the Senate is aware of a pending suit filled by anti- corruption activist, Raji Rasheed Oyewumi, against Saraki and 14 others before Justice Binta Nyako of the Federal High Court, Abuja.
In addition to Saraki and 10 of his colleagues, others joined as defendants in the suit are the Clerk of the National Assembly Senate, Attorney General of the Federation and Magu.
On Monday, February 13, Justice Binta Nyako granted leave to Oyewunmi upon a motion ex parte moved by Effiong to effect service of the processes in the suit on Saraki and 10 other senators at the Nigerian Senate.
Effiong said: “The certified true copy of the enrolled order for substituted service dated February 23, 2017 together with the originating summons and other accompanying processes in the suit were duly and effective served on the clerk of the National Assembly by the bailiff of the court on Friday, February 24, 2017.
“A counsel in the Office of the Clerk of the National Assembly (Mrs Adeagbo Esq.) personally called the plaintiff’s lawyer on Tuesday, March 7, 2017 to acknowledge the receipt of the court processes.” Effiong said.
Based on this Effiong argued that Saraki and the 10 other senators are therefore legally ineligible to take part in Mr. Magu’s reconfirmation hearing.
“We admonish the Senate President that the 10 other named senators affected by the suit not to participate in the scheduled screening excersie.
“Our admonition is premised on the tested on the tested and trite legal principle of Lis Pendens, which prohibits a litigant or party to a suit from taking any step or actionwhich is capable of altering, affecting, destroying or prejudicing the subject matter before the court”, Effiong said.
Effiong also noted that Order 53(5) of the Senate Standing Order 2015 (As amended) expressly forbids the Senate from discussing any matter which is the subject of pending.
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Three months ago, there were rumours that some highly-placed individuals were hell-bent on frustrating the confirmation of Magu as the EFCC chairman.
Source: Legit.ng
