Jet scandal: Court stalls Reps’ probe of Deziani

Jet scandal: Court stalls Reps’ probe of Deziani

A Federal High Court in Abuja on Thursday gave an order restraining the House of Representatives from going ahead with the probe of the Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, over allegation that she spent N10bn on a chartered aircraft.

The order of court is to subsist till July 3 when the court will hear the substantive suit which was filed by Alison-Madueke along with her ministry and the Nigerian National Petroleum Corporation.

Justice Ahmed Mohammed gave the order ahead of the plan by the House Committee on Public Accounts to carry out the probe on June 25, 26 and 27, 2014.

The order followed an application by the counsel for the plaintiffs in the suit, Mr. Etigwe Uwa (SAN), who accused the committee of disregarding the authority of the court in its letter dated May 23, 2014, inviting his clients for the probe.

The plaintiffs are, through their substantive suit, asking the court to declare that the National Assembly and the House of Representatives, who are the two defendants in the suit, lacked the power to summon them without the consent of President Goodluck Jonathan.

The judge in his ruling on Thursday dismissed the reasons adduced by the Committee on Public Accounts for insisting on continuing the probe on June 25, 26 and 27, 2014, despite being aware of the pending suit seeking an order to restrain them from carrying out the investigation.

He said the court had the duty to protect its integrity as the filing of the suit did not amount to usurping the legislative power of the National Assembly as the committee had contended in its letter.

“The court has inherent power and the duty to intervene to protect its integrity in determining its processes; and the second defendant is bent on interrupting the processes filed in this suit, I hereby direct parties to maintain status quo in the matter from now (Thursday) till the next adjourned date when the matter will be heard,” the judge said.

Justice Mohammed said the House of Representatives, in its letter, portrayed itself as if it could not be sued in court, adding that the court was created by section 6(1) of the constitution and given the judicial powers in section 6(6)(b) of the same constitution to determine “disputes between persons or between governments and between governments and persons”.

The judge, who quoted the letter of invitation sent to the plaintiffs in his ruling, also dismissed the contention of the House of Representatives that the suit filed by Alison-Madueke and others amounted to a usurpation of its legislative power.

He said, “In fact the quoted portion of the second defendant’s (House of Representatives) letter is simply saying that the suit before this court is an usurpation of its powers under the constitution.

“The second defendant went as far as calling the conduct of this suit ridiculous and disrepute.

“While I agree that the legislature has constitutional powers to exercise, I cannot, however, agree that where any of the powers of the legislature is being challenged in the court of law, the court should turn its back to the plaintiff for the fear of being accused of usurping the legislative power of the National Assembly.”

Earlier, counsel for the House of Representatives, Mr. Aminu Sadauki, had urged the court to refuse the application for an interim order insisting that it would amount to determining the relief of the plaintiffs in the substantive suit.

He also refused to give an undertaking as requested by the plaintiffs’ counsel that the probe would be stopped pending the determination of the suit.

“I cannot stand here an give an undertaking that an arm of government will not carry out its constitutional duty,” Sadauki said.

Counsel, for the National Assembly, Mr. Obasi Nwabueze, had on his part said he was not aware of the letter inviting the plaintiffs to appear before the House committee on the stipulated dates and had therefore urged the court to apply its discretion on the issue.

The lead counsel for the House of Representatives, Mr. A.B Mahmud, was absent in court o Thursday but had sent a letter to the court, urging the court to adjourn hearing of the matter till either June 2 or 3.

The matter has been fixed for June 3 for hearing.