Friday, 28 August 2015

Senate served with order in The Nation‎ editor’s suit


The National Assembly has been served with the interim order of injunction restraining the Senate from compelling The Nation’s Editor Gbenga Omotoso and a correspondent Imam Bello to appear before its Committee on Ethics, Privileges and Public Petitions over a story.


A proof of service filed by a Federal High Court bailiff, Lambo Moshood, shows that the Senate was served on August 27.


In an Affidavit of Service which he swore to, the bailiff said a Deputy Clerk of the National Assembly who gave his name as Martins received the processes.


The bailiff said he met Martins at the National Assembly Complex, Three Arm Zone, Federal Capital Territory (FCT), Abuja at about 2.14pm on August 27.


Among processes served are a copy of the court order, a Motion on Notice, an Originating Motion, Written Addresses and affidavit exhibits.


Justice Mohammed Yunusa made the order on August 21 following a motion ex-parte moved by the applicants’ lawyer, Mr. Wahab Shittu.


Vintage Press Limited (publisher of The Nation), Omotoso and Bello are the applicants, while the National Assembly and the Senate are the respondents.


The Senate had, in an August 4 letter, invited Omotoso and Bello to appear before it unfailingly over the story: Motion: 22 APC Northern senators ‘working against Buhari’ published on July 30.


The Senate wrote another letter on August 11, threatening to invoke Section 89 (1) (D) of the 1999 Constitution (as amended) to compel the applicants’ appearance.


But Justice Yunusa granted an order of interim injunction restraining the respondents, whether by themselves, their members, committees or agents from summoning or directing the appearance of the applicants or any of their agents before any Senate Committee.


The court barred the lawmakers from requesting the applicants to produce any papers, notes or other documents in respect of the story.


The judge also restrained the respondents from issuing a warrant to compel the applicants’ attendance before the Senate Committee set up to investigate the publication.


The order, the judge held, is to remain in force pending the hearing and determination of the applicants’ motion on notice.


 





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