In a motion filed on March 31, the lawyer said the Senate violated the principle of ‘lis pendis’ as the decision was taken when his substantive suit on the matter was pending.
Mr. Raji Oyewumi asked a Federal High Court in Abuja to set aside the decision of the Senate, Punch reports.
In the motion filed on March 31, Oyewumi stated that the upper chamber violated the principle of ‘lis pendis’ as the decision was taken when his substantive suit relating to the Senate's proceedings on Magu's confirmation was pending.
The report said the substantive suit with number FHC/ABJ/CS/102/2017, which was filed on February 13, 2017, sought to stop the Senate President, Bukola Saraki, and 10 other senators being investigated or prosecuted, from participating in the processes of confirming Magu by the Senate.
In the main suit, the lawyer had argued that Magu would not be accorded a fair hearing by the Senate since the 11 senators were being investigated by the EFCC under Magu.
The 11 senators including Saraki are said to be the 1st to the 11th defendants to the suit.
The 10 other senators, also named along with Saraki as defendants, are Godswill Akpabio, Jonah Jang, Aliyu Wammako, Stella Oduah, Theodore Orji, Rabiu Kwankwaso, Ahmed Sani, Danjuma Goje, Joshua Dariye and Adamu Abdullahi.
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Also listed as defendants in the suit marked ‘FHC/ABJ/CS/102/2017’ are the Clerk of the National Assembly, the Senate, the Attorney General of the Federation, Mr. Abubakar Malami (SAN) and Magu.
In an affidavit filed in support of his motion which is seeking the reversal of the Senate's decision, Oyewumi stated that the trial judge, Justice Binta Nyako, had on February 15, 2017, granted an ex parte motion seeking an order of substituted service on the 1st to the 11th respondents.