Police IG to appear in court over Senate Forgery allegation
The court also refused to grant the prayer for accelerated hearing on the grounds that it lacked the power to abridge the 30 days which the defendants were entitled to without their consent.
In a ruling by Justice Gabriel Kolawole, Arase is expected to appear before the court on Tuesday, August 4, 2015 to give reasons why the prayers sought by the plaintiff, Senator Gilbert Nnaji, in his ex parte application should not be granted.
Nnaji, a senator representing Enugu-East Senatorial District, is seeking to restrain the IGP and the Attorney-General of the Federation from taking further steps on the investigation of alleged forgery in the Senate’s rules.
According to a report by The Punch, Justice Kolawole expressed concerns over Senator Nnaji’s prayers.
He said, “The court is a bit wary on an ex parte proceeding to allow the plaintiff (Nnaji) to have his day in court because the courts are not created or established to supervise the National Assembly in the way and manner it will run its own constitutional duties, except where its acts border on a substantial infraction of the constitution, which goes beyond its own internal rules or procedure, or the application of its standing order.
‘To do otherwise is to work to subvert the hallowed constitutional principles of separation of powers upon which the machinery of government is proposed to be run and to be operated. My decision is not to make orders directing both parties to maintain status quo as it is often misinterpreted by both parties.
‘Rather, I will direct that the defendants, who had already been served with the originating summons, and the plaintiff’s motion of notice, shall on the return date, show cause why the orders being sought by the plaintiff on his motion ex parte dated and filed on 23-07-15, shall not be granted,’ he said.
The alleged forged Senate Standing Order was used for the conduct of the election which brought in the current leadership of the National Assembly on June 9, 2015.
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