Alleged Assault: Court To Decide CCT Chairman’s Request To Stop Senate Investigation April 26
Justice Ekwo fixed the date to deliver judgment in the suit Umar filed against the Senate and three others shortly after lawyers to all parties in the suit adopted their final briefs of argument for and against the suit.
Those the CCT boss sued alongside the Senate are the Senate President, Senate Committee on Ethics, Privileges and Public Petitions and the Attorney General of the Federation (AGF).
Umar, in the suit marked FHC/ABJ/CS/ 671/2021, challenged the powers of the Senate to investigate him over alleged assault perpetrated against a security guard at Banex Plaza in Abuja.
In the suit filed by his lawyer, Mr. Sunday Edward, the plaintiff is asking the court for an order of perpetual injunction restraining the Senate, its members and agents from conducting or continuing to conduct investigations into the allegations of assault leveled against him via a petition submitted to the Senate.
Specifically, the plaintiff wanted the court to determine whether the alleged case of assault, which took place at Banex Plaza in Abuja on March 29, 2021, formed part of the matters the Senate is constitutionally empowered to investigate.
Umar further asked the court to determine whether the Senate and its Committee on Ethics and Public Petitions are competent to investigate or invite him in relation to the investigation of the allegation of assault brought against him and whether the powers of the Senate to conduct investigation are not governed or subject to the provision of sections 88 and 89 of the 1999 Constitution.
Among the declarations he is asking from the court is that the purported case of assault, which took place on March 29, 2021, did not form part of the matters the Senate is constitutionally empowered to investigate.
Umar also wanted the court to declare that the Senate’s move to conduct investigation in the matter is unconstitutional and amounted to unwarranted usurpation of the functions of the police and of the court of competent jurisdiction.
In adopting his brief, Edward urged the court to grant all the reliefs sought by his client and restrain the defendants from investigating him.
However, counsel to the Senate, Kafayat Suleyman, urged the court to dismiss the suit insisting that the Senate has the power under section 88 of the Constitution to investigate alleged misconduct by any public officer.
Justice Ekwo, after taking arguments from parties, fixed April 26 to deliver judgment in the matter.
