Senators ask court to stop AGF, IGP, DSS from backing Saraki’s removal

The Federal High Court in Abuja has been asked to among other things,
restrain the Attorney General of the Federation (AGF), the Inspector
General of Police (IGP) and the Department of State Services (DSS)
from supporting any effort to sack the Senate President Bukola Saraki
through means other than that provided for under Section 50(2)(c ) of
the Constitution.

The request form part of the reliefs in a suit filed on Monday by
Senators Rafiu Adebayo (PDP, Kwara South) and Isa Misau (PDP, Bauchi
Central) through a team of lawyers, including former Attorney General
of the Federation (AGF) Kanu Agabi (SAN) and Mahmud Magaji (SAN).

The plaintiffs stated that, going by recent occurrences and utterances
by some leaders of a faction of All Progressives Congress (APC), from
which they had defected, they were convinced of plots to force Saraki
off the Senate President's seat by means other than that provided in
Section 50(2)(c ) of the Constitution.

Section 50(2) provides: "The President or Deputy President of the
Senate or the Speaker or Deputy Speaker of the House of
Representatives shall vacate his office…. (c) if he is removed from
office by a resolution of the Senate or of the House of
Representatives, as the case may be, by the votes of not less than
two-thirds majority of the members of that House."

Listed as defendants in the suit are: The Senate, the Senate
President, Deputy Senate President, Senator Ahmed Lawal (Senate
Leader), Senator Bala Ibn Nallah (Deputy Senate Leader), Senator Emma
Buacha (Deputy Minority Leader), Clerk of the Senate, Deputy Clerk of
the Senate, Attorney General of the Federation, Inspector General of
Police and Department of State Services (DSS).

Misau stated, in a supporting affidavit, that there was evidence of
threat of constitutional breach which require the court to intervene
by restraining the defendants from resorting to unconstitutional means
to actualise their alleged threat and plot to unseat the Senate
President following his defection to the PDP.

The plaintiffs are praying the court for, among others, an order
restraining the 9th, 10th and 11th defendants, either by themselves,
agents, servants, privies by whatsoever name so called from enforcing
any act of the 1st, 3rd to 8th defendants purporting to have removed
the 2nd defendant from office without such act being in compliance
with the provisions of Sections 50(2) of the Constitution of the
Fedora! Republic of Nigeria, 1999 (as amended).

They are also seeking a declaration that the President of the Senate
cannot be said to have vacated his office by virtue of Section
50(2)(c) of the Constitution when he has not been removed from office
by the votes of not less than two-third majority of the members of the
Senate.

No date has been set for the hearing of the suit.