The plaintiff accused Saraki and the other senators of bias if they are allowed to screen Magu.
In the suit, the anti-corruption crusader, Raji Rasheed Oyewumi, asked the Federal High court sitting in Abuja to disqualify the Saraki and 10 other senators from taking part in the screening and confirmation of Ibrahim Magu as the substantive chairman of the Economic and Financial crimes Commission (EFCC).
Oyewumi accused Saraki and the other senators of bias if they are allowed to screen Magu.
Senators joined in the suit dated February 13th, 2017 are Godswill Akpabio, Jonah Jang, Aliyu Wammako, Stella Oduah, Theodore Orji, Rabiu Kwankwaso, Ahmed Sani, Danjuma Goje, Joshua Dariye and Adammu Abdullahi.
Others are the Clerk of the National Assembly, the Senate, the Attorney-General of the Federation and Magu.
The plaintiff said the senators would be unfair in screening Magu given that they all have pending cases before the EFCC.
He also alleged that Saraki and others are threatened by Magu's emergence as the EFCC chairman.
He asked the court to determine whether Senate President and other senators will not violate the provisions of Section 56, 172 of paragraph 1 and 9 of the fifth schedule to the 1999 constitution of the Federal Republic of Nigeria (as amended) if they jointly or severally participate in or vote during the screening or deliberation on the nomination of Magu for the position of Chairman of the EFCC in view of their ongoing cases of financial and economic crime.
Oyewumi also prayed the court for an order of injunction restraining the Saraki from presiding over or participating in the screening, deliberation, and voting on the nomination of Magu as EFCC chairman.
In the supporting affidavit of the originating summons, the plaintiff said Saraki was biased in the confirmation of Magu when he failed to read the Acting President’s letter on the floor of the Senate until July 14th, 2016 - three weeks after.
He also said they failed to consider his nomination until December 15, 2016, six months after the letter was received from the Acting president.
No date has been fixed for the hearing of the matter.