Umar vs Sargwak: Senate told not to prejudice matter before Court

By Adeleye Kunle

The Nigerian Senate has been told not to delve into prejudice over the alleged assault case between the Code of Conduct Tribunal (CCT) Justice Danladi Umar and one Mr Clement Sargwak since the matter is pending in the court of competent jurisdiction.

The statement of caution was issued by the Counsel to Justice Danladi Umar on Sunday by the head of Chambers of Abuka and Partners, Barr. Sunday Edward, following some media reports credited to the Chairman of Senate Committee on Public Petitions and Privileges, Senator Ayo Akinyelure, that the accused infringed on the rights of a poor Nigerian who didn’t have money to approach the Court.

The lead counsel argued that, the comment didn’t only amount to prejudice, but was offensive to the rule of natural justice, given that the Senate’s power to hear the petition was being challenged at the Court of Appeal as a third respondent.

Citing several letters submitted to the Senate, lawyers to Umar maintained that the matter which the Senate was insisting to entertain was already pending in courts, adding that the issue of “who assaulted who”, was also in court.

It’s recalled that the Senate, through its Committee on Public Petitions and Privileges on Wednesday stated that Justice Danladi Umar was “fooling it for not appearing before it in person.”

Part of the statement averred: “We are solicitors to Mr. Danladi Umar, the Honourable Chairman, Code of Conduct Tribunal, hereinafter referred to as ’’our client’’ and on whose instructions we write.

“Our client availed us with a copy of a letter from the Senate Committee on Ethics, Privileges and Public Petitions, dated 11th October, 2022.

“From the said letter, our client was asked to appear before the Committee on Wednesday, 19th October, 2022, by 2:00 pm, for the public hearing of the petition of one Clement Sargwak for alleged assault and violent attack on him by our client.

“The Committee, from its said letter, invited our client to appear before it on 19th October, 2022 because to the Committee, the court had ’’ruled that the National Assembly could not be stopped from doing its work as it is related to the petition’’.

“The Committee did not deem it necessary to disclose that there is a pending appeal on the said matter and that the Committee is the 3rd Respondent in the said appeal.

“We reacted by writing a letter dated 17th October, 2022 (to the Committee) through which we advised the Committee that the court’s ruling it referred to in its letter under reference ’’is the subject matter of APPEAL NO. CA/ABJ/CV/866/2022 MR. DALANDI UMAR V. SENATE & 3 ORS which is pending at the Court of Appeal, Abuja Judicial Division —’’ and we forwarded, for the Committee’s confirmation, the acknowledgement copy of the Notice of Appeal duly served on the Senate.

“We also, for ease of reference, availed the Committee with a copy of our letter dated 13th July, 2021 through which the Committee was informed that the case between our client and the said Clement Sargwak (the petitioner) is before the High Court of the Federal Capital Territory Suit No. FCT/HC/CV/1544/2021 MR. DANLADI UMAR V. CLEMENT SARGWAK.

“We reminded the Committee that the originating process in the said Suit No. FCT/HC/CV/1544/2021 MR. DANLADI UMAR V. CLEMENT SARGWAK was forwarded to it vide our said letter dated 13th July, 2021 and that from the said originating process, the issue of who assaulted who and the issue of whether or not Clement Sargwak had discontinued and/or withdrawn his petition before the Honourable Committee are the subject matters of the said Suit No. FCT/HC/CV/1544/2021 MR. DANLADI UMAR V. CLEMENT SARGWAK.