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Alledged assault: Senate withdraws from investgating Danladi Umar
The Nigerian Senate has withdrawn from investigating the Code of Conduct Tribunal, Justice Danladi Umar over allegation of assault of a Security guard, Clement Sargwak.
Senate acting through its Committee on Public Petitions, Ethics and Privileges chaired by Senator Ayo Akinyelure explained on Tuesday at its 5th session that litigation haa been slammed on the Senate and the Attorney – General of the Federation by the respondent, Danladi Umar.
The withdrawal didn’t go down well with the lawyer to the petitioner, Timizing Venyir Ramnap and kicked against the decision of the Committee to step down the investigation.
Ramnap in his brief submissions before the Committee’s decision, said the purported originating summons from Federal High Court Abuja forwarded to the Committee by Counsel to the accused, were mere court processes and not declarative orders .
“Courts have procedures of doing things. The present document before this Commitee as read out by the Chairman is not an order from any court, but mere court process served on the Senate.
“Were it to be valid order from the court of competent jurisdiction, Senate may back out, but since it is not, the Senate through this Committee still have its constitutional powers on the case and can forge ahead with the investigation.
“We hereby wish to submit that the Senate do look at its position as contained in law by rejecting this temptation”, he said.
But the Commitee Chairman quickly responded that it is not a temptation but effort being made by somebody to circumvent it, which will be challenged in the court.
He said : “We have submitted all the originating summons to the leadership of the Senate, Clerk to the National Assembly, Clerk of the Senate and the legal department of the National Assembly.
“All the issues raised by the respondent who has turned himself to a plaintiff now, will be challenged in the court because investigation on the alleged assault started here before the CCT Chairman ran to court.
“Be rest assured that the matter will not die like that but we have to stop investigation for now , pending the outcome of consultations we are seeking for from relevant authorities and in particular the counter offensive being made against the CCT Chairman in the court of law .
This is a clear case of circumventing the constitutional powers of the Senate after submitting himself to us for investigation and begged for time to study the allegations made against him .
“Here today, neither him nor any of his representatives is here which will make us to stop the entire process for now, because we can’t write report on the investigation by hearing from only one side.
“We hereby step this investigation aside Sina die “,
Danladi in the suit with file no FHC/ABJ/ CS/671/2021, is challenging Senate’s Constitutional Power to conduct Investigation and purpose for which it is exercisable .
Specifically, the CCT Chairman is asking the court to interprete the constitutional powers granted the Senate or House Committees on Ethics and Public Petitions whether it covers public assaults which as averred by his attorneys , are part of the constitutional functions of the Police and the Courts of Law.
Copies of the originating summons and suit signed by Sunday Edward (ESQ) and other Attorneys from Abuka and Partners on behalf of Danladi Umar, listed him as the Plaintiff while the Senate, President of the Senate , Senate’s Commitee on Ethics , Privileges and Public Petitions and the Attorney – General of the Federation as Defendants .
Danladi Umar in the originating summons seeks court interpretation of the powers of the four defendants to investigate the case of assault in question.
The summons read in part : ” Whether the purported case of assault which allegedly took place at Banex Plaza on 29th March, 2021, forms part of the matters the 1st defendant is constitutionally empowered to investigate.
“Whether the 1st defendant and its Commitee , that is , the 3rd defendant , are competent to investigate and/ or invite the plaintiff in relation to the investigation of the allegation of assault levelled against him .
“Whether the powers of the 1st defendant to conduct investigation are not by and / or subject to provisions of sections 88 and 89 of the Constitution of the Federal Republic of Nigeria, 1999 and are not exercisable for the purposes of making law and exposing corruption , inefficiency or waste in the execution of administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by the 1st defendant .
“Whether the 1st defendant’s move to conduct investigative hearing on the petition before it is not unconstitutional and does not amount to an unwarranted usurpation of the functions of the Police and of the Courts of competent jurisdiction”.
Danladi went further through his Attorneys to inform the Senate to discontinue with the investigative hearing, as the alleged Assaultee (Clement Sargwak), has been sued.
“We write to inform you that the case between our client and Clement Sargwak is now before the High Court of the Federal Capital Territory ( suit no FCT /HC/ CV/ 1544/2021 Mr Danladi Umar vs Clement Sargwak) and the issue as to whether or not Clement Sargwak had discontinued and / or withdrawn his petition before your Honourable Commitee is equally sub judice .
“We trust that Senate, as the Upper Chamber of the National Assembly, will respect due process and refrain from delving into a matter that is before a court of competent jurisdiction”, the letter reads .
The CCT Chairman had as widely reported in print and electronic media , physical assaulted Clement Sagwak at the Bannex Plaza in Wuse 2, on March 29, 2021.
In seeking redress, the Assaultee , filed a petition against Danladi Umar to the Senate which it gave its Commitee on Ethics , Privileges and Public Petition to investigate .
TEXT OF THE BROADCAST BY PRESIDENT BOLA AHMED TINUBU, COMMANDER-IN-CHIEF OF THE ARMED FORCES, DECLARING STATE OF EMERGENCY IN RIVERS STATE ON TUESDAY 18 MARCH 2025
Fellow Nigerians, I feel greatly disturbed at the turn we have come to regarding the political crisis in Rivers State. Like many of you, I have watched with concern the development with the hope that the parties involved would allow good sense to prevail at the soonest, but all that hope burned out without any solution to the crisis.
With the crisis persisting, there is no way democratic governance, which we have all fought and worked for over the years, can thrive in a way that will redound to the benefit of the good people of the state. The state has been at a standstill since the crisis started, with the good people of the state not being able to have access to the dividends of democracy.
Also, it is public knowledge that the Governor of Rivers State for unjustifiable reasons, demolished the House of Assembly of the state as far back as 13th December 2023 and has, up until now, fourteen (14) months after, not rebuilt same. I have made personal interventions between the contending parties for a peaceful resolution of the crisis, but my efforts have been largely ignored by the parties to the crisis. I am also aware that many well-meaning Nigerians, Leaders of thought and Patriotic groups have also intervened at various times with the best of intentions to resolve the matter, but all their efforts were also to no avail. Still, I thank them.
On February 28, 2025, the supreme court, in a judgment in respect of about eight consolidated appeals concerning the political crisis in Rivers State, based on several grave unconstitutional acts and disregard of rule of law that have been committed by the Governor of Rivers State as shown by the evidence before it pronounced in very clear terms:
“a government cannot be said to exist without one of the three arms that make up the government of a state under the 1999 Constitution as amended. In this case the head of the executive arm of the government has chosen to collapse the legislature to enable him to govern without the legislature as a despot. As it is there is no government in Rivers State.”
The above pronouncement came after a catalogue of judicial findings of constitutional breaches against the Governor Siminalayi Fubara.
Going Forward in their judgment, and having found and held that 27 members of the House who had allegedly defected
“are still valid members of Rivers State House of Assembly and cannot be prevented from participating in the proceedings of that House by the 8th Respondent (that is, the Governor) in cohorts with four members”
The Supreme Court then made some orders to restore the state to immediate constitutional democracy. These orders include the immediate passing of an Appropriation Bill by the Rivers State House of Assembly which up till now has not been facilitated.
Some militants had threatened fire and brimstone against their perceived enemy of the governor who has up till now NOT disowned them.
Apart from that both the House and the governor have not been able to work together.
Both of them do not realise that they are in office to work together for the peace and good governance of the state.
The latest security reports made available to me show that between yesterday and today there have been disturbing incidents of vandalization of pipelines by some militant without the governor taking any action to curtail them. I have, of course given stern order to the security agencies to ensure safety of lives of the good people of Rivers State and the oil pipelines.
With all these and many more, no good and responsible President will standby and allow the grave situation to continue without taking remedial steps prescribed by the Constitution to address the situation in the state, which no doubt requires extraordinary measures to restore good governance, peace, order and security.
In the circumstance, having soberly reflected on and evaluated the political situation in Rivers State and the Governor and Deputy Governor of Rivers State having failed to make a request to me as President to issue this proclamation as required by section 305(5) of the 1999 Constitution as amended, it has become inevitably compelling for me to invoke the provision of section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to declare a state of emergency in Rivers State with effect from today, 18th March, 2025 and I so do.
By this declaration, the Governor of Rivers State, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers State are hereby suspended for an initial period of six months.
In the meantime, I hereby nominate Vice Admiral Ibokette Ibas (Rtd) as Administrator to take charge of the affairs of the state in the interest of the good people of Rivers State. For the avoidance of doubt, this declaration does not affect the judicial arm of Rivers State, which shall continue to function in accordance with their constitutional mandate.
The Administrator will not make any new laws. He will, however, be free to formulate regulations as may be found necessary to do his job, but such regulations will need to be considered and approved by the Federal Executive Council and promulgated by the President for the state.
This declaration has been published in the Federal Gazette, a copy of which has been forwarded to the National Assembly in accordance with the Constitution. It is my fervent hope that this inevitable intervention will help to restore peace and order in Rivers State by awakening all the contenders to the constitutional imperatives binding on all political players in Rivers State in particular and Nigeria as a whole.
Long live a united, peaceful, secure and democratic Rivers State in particular and the Federal Republic of Nigeria as a whole.
The Plateau state government has expressed concern over violence in Shimankar (Menkaat), Shendam Local Government Area, of the State which unfortunately caused unnecessary tension within the community.
In a statement by the State Commissioner for Information and Communication, Hon Joyce Lohya Ramnap, made available to journalists in Jos, it condemned in strongest terms and warned such violence would not be tolerated any longer.
The statement called for dialogue to differences and disagreement before it snowballed into violence, adding that government will not allow anyone to undermine peace and unity of the State.
Part of the statement read: “I want to reiterate the Plateau State Government’s unwavering commitment to upholding peace and security for all citizens, especially during such tense moments.”
Acknowledging the swift response of law enforcement agencies and the traditional institutions in containing the situation, we are calling for even greater collaboration between community leaders, security agencies, and the public to prevent further escalation,thus the need to maintain peace, calm and restraint from all parties.
“We urge the people of the community to pursue peaceful resolutions to any disagreements instead of resorting to violence.”
In line with the administration’s “Time is Now” vision under the leadership of Governor Mutfwang, I want to emphasise that the state is focused on ensuring lasting peace and harmony, irrespective of religious or tribal differences.
Government is also assuring the public that security agencies have been instructed to conduct a thorough investigation into the root causes of the skirmishes and to ensure that those responsible for any breach of public peace are held accountable.
Towards this end, Plateau citizens are to remain vigilant yet peaceful and to actively support all efforts to de-escalate the situation as the State Government is committed to fostering a peaceful coexistence for all citizens, the statement further reads.
As protest rocks Benue State against the Chief Judge, Justice Maurice Ikpembese for relocating the Benue Local Government Election Petitions Tribunal from Makurdi to Abuja, Governor Hyacinth Alia has distanced himself from the protest.
Protesters in their hundreds from Benue State took to the streets of Abuja on Monday, for a peaceful protest from the National Assembly to the Supreme Court to express their outrage over the Benue CJ’s decision.
Prior to Monday’s massive protest Justice Ikpembese raised security concerns and moved the Tribunal to Abuja, a development that triggered protest as they are saying the Tribunal would have remained in Makurdi for them to monitor proceedings.
The tribunal is currently handling disputes arising from the Benue State Local Government elections conducted on October 5, 2024.
Reports indicate that 93 petitioners, including aggrieved candidates from both the All Progressives Congress and the Peoples Democratic Party, have filed cases at the tribunal since October 17, 2024.
The Benue State Government, through the Attorney General and Commissioner for Justice and Public Order, Mr. Fidelis Mnyim, had questioned the CJ’s unilateral decision, noting that neither the governor nor his office had been formally notified.
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