A Federal High Court in Abuja on Wednesday refused to grant an interim order stopping the appointment or selection of the Minority Leader of the Senate, a decision which may clear the way for a former Governor of Akwa Ibom State, Godswill Akpabio, to step into the position.
The plaintiffs – Alaye Pedro and Dr. Okechukwu Ibeh – had in their ex parte application for the interim order indicated that Akpabio had been tipped for the position in breach of the Senate Standing Order which prohibits appointment of a first term senator like the former governor into any principal office of the Senate.
But Justice Gabriel Kolawole, after hearing the plaintiffs’ lawyer, Mr. B. J Akomolafe on Tuesday, dismissed majority of their prayers contained in the ex parte application, holding in his ruling on Wednesday that the plaintiffs not being members of the Senate, lacked the locus standi file the suit and be granted such application.
The judge then adjourned the main suit till October 5 and opted to return the case file to the Chief Judge of the Federal High Court who will re-assign same to another judge when the court resumes from its ongoing vacation.
Senate President, Bukola Saraki and Akpabio are the first and second respondents to the suit, which is marked FHC/ABJ/CS/602/2015.
The rest of the respondents are 16 PDP senators from the South-South, the region to which the Peoples Democratic Party as the leading minority party in the Senate had zoned the position of the Minority Leader.
The other respondents include Senators Nelson Effiong, Bassey Albert, Emmanuel Paulker, Ogola Foster, Ben Murray Bruce, John Enoh, Gershom Bassey, Rose Oko, James Manager and Peter Nwaoboshi.
Others are Senators Ighoyota Amori, Clifford Ordia, Mathew Urhoghide, George Sekibo, Olaka Nwogu, and Osinakchukwu Ideozu.
In rejecting the plaintiffs’ prayer for the interim restraining order on Wednesday, Justice Kolawole held that he was not convinced that the plaintiffs, not being members of the Senate, had the locus standi to institute the action.
Justice Kolawole also refused to grant the plaintiffs’ request for an order for abridging the time within which the respondents to the suit have to file their defence.
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