Lawyers representing former Deputy Senate President Ike Ekweremadu have urged a Federal High Court sitting in Enugu to dismiss the application seeking to declare the embattled Senator’s seat vacant.
The lawyers, through a counter affidavit, are challenging the jurisdiction of the court to entertain the matter.
They argued that all defendants in the suit reside in Abuja outside the territorial jurisdiction of the court.
“That the suit is speculative, academic and an abuse of court process”, they stated.
They also noted that the plaintiff has no locus standi to approach the court to seek the declarative reliefs contained in his originating summons.
They urged the court to dismiss the matter in the interest of society and fairness as the 3rd defendant is currently facing some personal challenges leading to his inability to carry out his duties as Senator representing Enugu West.
They urged the court to consider the fact that Ekweremadu’s detention by the UK Government is totally against his wish, desire and control.
“That neither the first defendant as a presiding officer nor the 2nd defendant has been presented with any evidence satisfactory as required under Section 68 (2) of the constitution to make the provisions of Section 68 (1) applicable as contemplated.
“That the suit as currently constituted is against the principles of Separation of Powers in a Constitutional Democracy.
“That the Suit is an attempt to transfer the duties of the Legislature to the Judiciary.
“That there was no pre-action Notice to the second defendant or the Clark of the National Assembly.
“That the court lacks the jurisdiction to entertain the suit as constituted.”
Led by Umoru Jubrin Esq, the legal team requested the court to dismiss the matter with substantial cost against the plaintiff to discourage the filing of frivolous applications.
The matter which was filed by top Enugu lawyer OAO Onyema Esq. comes up today in Enugu.