Tuesday, 6 May 2014
N10bn jet scandal: Reps stall hearing on Alison-Madueke’s suit
ABUJA— Failure of the House of Representatives to honour
the summons issued against it by the Federal High Court in
Abuja, yesterday, stalled hearing on the suit by the Minister
of Petroleum Resources, Mrs. Diezani Alison-Madueke.
Trial judge, Justice Ahmed Mohammed had, on April 29,
directed the lower House to appear before him yesterday to
explain the origin of the restraining order it said stopped its
Public Accounts Committee, PAC, from investigating
allegation that the Minister spent N10 billion on chartered
private jets.
Members of the committee, led by its Chairman, Solomon
Olamilekan, had at a press conference held on April 28, said
they were served with a restraining order from the court,
stopping further investigation into the allegation against the
Minister.
They accused the judiciary of attempting to usurp their
oversight function, saying they would suspend the
investigation to study the said restraining order with a view
to responding accordingly.
Minister, NNPC, court deny order
However, the Minister and the Nigerian National Petroleum
Corporation, NNPC, who are the plaintiffs in the matter, had
since denied serving any restraining order on the House,
even as the court also denied issuing such order.
Consequently, Justice Mohammed, on the last adjourned
date, summoned the House to “come and clear the air” on
whether it was actually restrained from going ahead with
the probe.
At the resumed sitting yesterday, though the National
Assembly, which was joined as the 1st respondent in the
suit, was represented by its lawyer Mr. Yakubu Mikyau
(SAN), no lawyer appeared for the House of
Representatives.
However, both Mikyau and Madueke’s lawyer, Mr. Etigwe
Uwa (SAN), told the court that they earlier received a call
from Mr. A. B. Mammud (SAN), who said he had been
briefed by the Speaker of the House but was yet to receive
copies of the relevant court processes.
Though Madueke’s lawyer urged the court to take decisive
action against the House for “disrespecting the direct orders
of this court,” Mikyau, pleaded with the court for a short
adjournment on behalf of the House.
‘House must appear in court’
In a short ruling, Justice Mohammed insisted that the House
must appear before him to explain where it got the said
restraining order from.
“Is it not in everybody’s interest to know what document
the 2nd defendant relied upon to make a press statement
that it was stopped by this court?” the judge queried.
“In the interest of justice, I will excuse the absence of the
2nd defendant in court today, believing that as a
responsible arm of government the 2nd defen-dant will
appear on the next adjourn date,” he added.
The matter was subsequently adjourned to May 26, even as
the court directed that fresh hearing notice be served on the
House.
The suit
In the suit, the plaintiffs are praying the court for an order of
interim injunction restraining the defendants, whether by
themselves, their members, committees or agents from
summoning or directing them to appear before any
committee, particularly the PAC, which was set up by the
House to conduct the investigation.
They are also seeking an order of the court stopping the
committee from asking any official of the ministry or the
NNPC to produce any papers, notes or other documents or
give any evidence in line with a letter from the House dated
March 26, pending the hearing and determination of the
motion on notice.
More so, the plaintiffs are urging the court to issue an order
of interim injunction restraining the defendants from issuing
a warrant to compel the Minister’s attendance, or the
attendance of any official of the ministry or NNPC with
regard to the investigation and to also in the alternative,
make an order of status quo, directing the parties to
maintain the current position with regard to the
investigation, as of the date of filing of the suit.
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