The Senate says it will file an appeal on Nov. 13 against judgment of the Federal High Court ordering it to pay all salaries and allowances of Sen. Ali Ndume, who has been on suspension.
The senate made this known in a statement by its Counsel, Mr Mike Ozekhome, on Sunday. The Upper Chamber said it disagreed with the said judgment. ”For the records, the Senate had challenged the jurisdiction of the Federal High Court to entertain the matter on several grounds, portions of which are outlined hereunder 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 body. ”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 Senate’s argument is supported by various and current decisions of the apex court, it noted.
The Senate expressed optimism that the decision of the trial court would be overturned by the Court of Appeal.
It said it had 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.”