Deji Elumoye
Chairman of the Code of Conduct Tribunal (CCT), Mr. Danladi Umar, has filed a suit at the Federal High Court, sitting in Abuja, to stop his ongoing probe by the Senate for alleged assault.
The Senate had instituted the probe following an allegation that he assaulted one Clement Sargwak last March in Abuja.
Also joined in the suit as stated in the originating summons, dated July 13, 2021, are the President of the Senate, Dr. Ahmad Lawan; Chairman and members of the Senate Committee on Ethics, Privileges and Public Petitions as well as the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami.
Umar, in the suit with File No: FHC/ABJ/ CS/671/2021, is challenging the Senate’s constitutional power to conduct investigation and the purpose for which it is exercisable.
He is asking the court to interprete the constitutional powers granted the Senate or House Committees on Ethics and Public Petitions – whether it covers public assaults, which as averred by his attorneys , are part of the constitutional functions of the police and the courts.
Copies of the originating summons and suit signed by Sunday Edward and other attorneys from Abuka and Partners on behalf of Umar, listed him as the plaintiff while the Senate; President of the Senate; Senate’s Committee on Ethics, Privileges and Public Petitions and the Attorney – General of the Federation were named as defendants .
Umar, in the originating summons, seeks the court’s interpretation of the powers of the four defendants to investigate the case of assault against him.
The summons read in part: “Whether the purported case of assault, which allegedly took place at Banex Plaza on March 29, 2021, forms part of the matters the 1st defendant is constitutionally empowered to investigate.
“Whether the 1st defendant and its committee, that is, the 3rd defendant , are competent to investigate and/ or invite the plaintiff in relation to the investigation of the allegation of assault levelled against him.
“Whether the powers of the 1st defendant to conduct investigation are not by and / or subject to provisions of sections 88 and 89 of the Constitution of the Federal Republic of Nigeria, 1999 and are not exercisable for the purposes of making law and exposing corruption, inefficiency or waste in the execution of administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by the 1st defendant.
“Whether the 1st defendant’s move to conduct investigative hearing on the petition before it is not unconstitutional and does not amount to an unwarranted usurpation of the functions of the police and of the courts of competent jurisdiction.”
Among the reliefs he is seeking is for the court to compel the Senate to discontinue the investigative hearing, as the alleged victim of the assault (Clement Sargwak) has been sued.
“We write to inform you that the case between our client and Clement Sargwak is now before the High Court of the Federal Capital Territory (suit no FCT /HC/ CV/ 1544/2021 Mr. Danladi Umar vs Clement Sargwak) and the issue as to whether or not Clement Sargwak had discontinued and / or withdrawn his petition before your honourable committee is equally sub judice.
“We trust that Senate, as the Upper Chamber of the National Assembly, will respect due process and refrain from delving into a matter that is before a court of competent jurisdiction”, the letter reads.
Umar was alleged to have assaulted Sagwak at the Bannex Plaza in Wuse 2, on March 29, 2021.
In seeking redress, Sagwak filed a petition against Umar to the Senate, which it gave its Committee on Ethics, Privileges and Public Petition to investigate.
The CCT Chairman had on invitation appeared before the committee once but shunned other invitations thereafter.
He has at the sitting of the Committee last Tuesday informed the members through his attorneys that he was already in court against the investigation, which the committee kicked against and ordered him to appear before it unfailingly on July 27, or risk being issued with warrant of arrest on him.
But after receiving the originating summons and the suit filed against Sargwak by Umar, the Committee Chairman, Senator Ayo Akinyelure, told journalists that with the court summons, it was clear that Umar would not appear before his committee next Tuesday, adding that his action will be challenged in court by legal department of the National Assembly since no arm of government is empowered to stop another from carrying out its constitutional duties or functions.
He said: “Investigation on the assault meted out to a fellow Nigerian by the CCT chairman had already commenced before he ran to court but his move will also be challenged by the legal department of the Senate. He may not come, but the committee will still have a session on the matter and other petitions before it next week Tuesday.”
