Monday, July 27, 2015

Senate forgery: Court rejects request to restrain police, AGF

A Federal High Court in Abuja on Monday refused an ex parte application by the Enugu-East Senator in the National Assembly, Gilbert Nnaji, seeking to restrain the Inspector-General of Police, Mr. Solomon Arase, and the Attorney General of the Federation from further taking any steps on the investigation of allegation of forgery of the Senate Standing Order 2015.                      
Rather than grant Nnaji’s prayer, Justice Gabriel Kolawole, in a ruling, ordered the IGP and the Attorney-General of the Federation to appear in court on August 4, to show cause why the court should not grant the request contained in the plaintiff’s ex parte motion.
The allegedly 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.
According to Punch, Nnaji, through his counsel, Mr. P. J Nwokolo, on Monday urged Justice Gabriel Kolawole, to, among others, restrain further investigation of the allegation and publish its report.
Apparently, the suit marked FHC/ABJ/CS/646/15, was filed before the release and sending of the police report to the Attorney-General of the Federation’s office for further action.
The IGP and the Attorney-General of the Federation are the two respondents to the suit.
Ruling on the ex parte application shortly after Nnaji’s lawyer moved it on Monday, Justice Kolawole held that he could not grant the restraining order at the level of ex parte hearing since it was the same issue the plaintiff canvassed in their substantive suit.
He held that he needed to afford both the IGP and the Attorney-General of the Federation to be heard before taking a decision on the ex parte prayers.
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.
It however ordered the plaintiff to serve the court processes on the defendants.
It also asked the respondents to appear in court on August 4 to show cause why the prayers sought by the plaintiff in his ex parte application should not be granted.

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