SENATE yesterday declared
its intention to appeal against
the judgement of Federal
High Court which ordered
immediate reinstatement
of suspended Senator Ali
Ndume (APC Borno South)
and payment of all his salaries
and allowances by the upper
legislative chamber.
In a statement by its
chief counsel, Chief Mike
Ozekhome (SAN), the Senate
said it would today file an appeal
against the judgement with suit
No. FHC/ABJ/CS/551/2017
instituted by the former Senate
leader on Friday, November 10,
in Abuja.
The statement said it was
important for the red chamber to
“respectfully” disagree with the
said judgement.
It explained that for the records,
the Senate had challenged the
jurisdiction of the Federal High
Court to entertain the matter
on several grounds, portions
of which were outlined for the
purpose of emphasis, as follows:
“That the plaintiff wrongly
joined several causes of action in
his originating summons.
“That an action for the
enforcement of fundamental
rights to fair hearing can only
be brought against a court or a
tribunal, established by law as
held by the Supreme Court in
several current cases, and not
against committee of a legislative
“That by the provisions
of sections 3 and 30 of the
Legislative Houses (Powers and
Privileges) Act, the trial court
lacked requisite jurisdiction to
hear the suit of the plaintiff.”
The statement further stressed
that the Senate’s argument
was supported by various and
current decisions of the apex
“The Senate of the Federal
Republic of Nigeria, which has
the strong conviction that the
decision of the trial court will
be overturned by the Court
of Appeal, has accordingly
instructed the law firm of Mike
Ozekhome’s Chambers, to file
an appeal against the judgment
“The notice of appeal is ready
and would be filed unfailingly
by Monday morning. An
application for a stay of execution
of the orders of the court will also
be filed same time,” it added

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