The Federal High Court in Lagos on Friday granted an interim injunction restraining the National Assembly from compelling The Nation’s Editor Gbenga Omotoso and a correspondent Imam Bello to appear before the Senate Committee on Ethics, Privileges and Public Petitions over a story.
Justice Mohammed Yunusa made the order 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.”
The report said that 22 Northern senators elected on the All Progressives Party (APC) platform have been identified as “teaming up with the opposition to work against President Muhammadu Buhari and the ruling party.”
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.
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.
Shittu, in a supporting affidavit to the motion ex-parte, said unless the respondents were restrained, there is a great likelihood of the breach or threatened breach of the applicants’ fundamental rights to receive and impart information as guaranteed by the Constitution.
The applicants said the content of the publication has not been disputed or challenged, nor has the National Assembly issued a rejoinder to the story or made a formal complaint over the publication.
According to them, the laws of libel and slander are available to anyone who feels aggrieved by any offensive publication, an option that is also available to the Senate.
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