Stop abusing judicial process, lawyer warns Senate on Buratai's summon

Stop abusing judicial process, lawyer warns Senate on Buratai's summon

- A lawyer has warned against the recent summon of the chief of army staff, Tukur Buratai, by the Senate

- Ugochukwu Osuagwu said the petition filed by a dismissed officer against the army chief is in variance with the Armed Forces Act

- Osuagwu also asked the Senate to respect the doctrine of separation of powers

A lawyer, Ugochukwu Osuagwu, has urged the Nigerian Senate to desist from abusing Nigeria's judicial process.

Osuagwu said the Senate must respect the doctrine of separation of powers and constitute itself into a court of law.

Reacting to the recent summon of the chief of army staff, Tukur Buratai, by the Senate to appear before its committee ethics and privilege, Osuagwu said the petition filed against Buratai by Lieutenant Colonel Mohammed who was dismissed by the Nigerian army is in variance with the Armed Forces Act.

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Osuagwu said there is every likelihood that the Senate is not aware of its standing rules which also prevents her from interfering in issues before the court.

He advised the Senate and its leadership not to embark on a wild goose chase in handling the petition by the dismissed officer.

Osuagwu said: "We must do well to save this hallowed chamber from self destruction to quickly remind them that by the provisions of the Standing Rules 2015 of the Senate, matters in court are not allowed to be entertained by the Senate.

Yet the Senate went ahead, usurping the powers of the court and took up a matter of employee dismissal already before the National Industrial Court.

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"It is clear that the Senate on this ground does not have the jurisdiction to hear the petition or even summon the chief of army staff."

"For the records Lieutenant Colonel Mohammed had on August 12, 2016 filed a suit in the National Industrial Court against the chief of army staff and the Nigerian army seeking reinstatement. This means the matter which the dismissed officer took to the Senate is already in Court and subjudice. If the senate had done due diligence it would have realized this long ago."

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NAIJ.com earlier reported that members of the Senate committee on ethics and privileges and public petitions lashed out on the chief of army staff for his failure to attend an invitation of a public hearing.

The hearing, based on a petitioned filed by a dismissed officer who alleged that he was sacked by the Nigerian army arbitrarily.

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Source: Naij.com

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