A Federal High Court sitting in Abuja on Monday struck out a suit seeking to stop the Senate from removing Senate President Bukola Saraki and his deputy, Ike Ekweremadu, from office.
The suit marked FHC/ABJ/CS/936/2018 was filed by a Civil Society Organization, the Incorporated Trustees of the Civil Society Observatory for Constitutional and Legal Compliance.
The suit has all the 109 senators as defendants.
In the suit, the plaintiff had urged the court to declare that Saraki and Ekweremadu cannot be removed from office as President of the Senate and Deputy President of the Senate unless pursuant to a resolution supported by the votes of two-third or not less than 73 members of the Senate.
In his judgment, the presiding judge, John Tsoho, dismissed the newspaper report tendered as evidence by the plantiff to support its claim, saying such is not admissible in law.
He held, “The newspaper reports showing threats of removing the Senate President and his deputy is not admissible in law’’
Citing Supreme Court judgments, he held further, “There is no evidential value in the newspaper publications tendered by the plaintiff”.
The judge said that the plaintiff failed to show any credible evidence to persuade the court in any ase responsibly prove their case.
“It is a settled case that the president of the senate and his deputy cannot be removed from office except by a two-third majority. It is a settled case.
“Accordingly, all the reliefs sought by the plaintiff cannot be granted due to lack of credible evidence. The suit, as filed by the plaintiff is hereby struck out,” Justice Tsoho ruled.
In the originating summons dated August 24, 2018, and filed by Nnamdi Nwokocha-Ahaaiwe, the group argued that by the clear and extant provisions of section 50(2) (c) of the 1999 constitution, the two men cannot be removed from their offices unless by a resolution of the Senate supported by the votes of not less than two-thirds majority of the members of the Senate.