Justice Gabriel Kolawole of a Federal High Court, Abuja, on Wednesday, transferred the suit filed by a group of five senators of the All Progressives Congress (APC) against the election of the Senate President, Senator Bukola Saraki and his deputy, Ike Ekweremadu, to another judge for determination.

The judge took the decision based on the fact that he will not have sufficient time to hear the matter as his tenure as a vacation judge expires on Friday.

Accordingly, he directed counsel to the plaintiffs to serve fresh hearing notices on all respondents and adjourned case to August 13 to be heard by Justice Adeniyi Ademola.

Meanwhile, Saraki is contesting that he was not properly served with the originating summons and other processes relating to the suit filed by the plaintiffs, Abu Ibrahim, Kabiru Marafa, Ajayi Boroffice, Gbenga Ashafa, and Suleiman Othman Hunyuki, who are senators elected on the platform of the APC.

The Senate President told the court that the court processes were served on the office of the Senate President by the bailiff of the court as against personal service required by order 6 Rule 12 of the Federal high Court rules.

Mr. Sikiru Oke, who announced his appearance for Saraki on behalf of Yusuf Ali (SAN), on Wednesday, protested the mode of service in court.

But he was overruled by the court following opposition by counsel to plaintiffs’ team headed by Mamman Mike Osuman (SAN) and Dele Adesina (SAN) to his appearance.

Adesina urged the court not to recognise Oke’s appearance because it offended the provisions of Order 7 of the Federal High Court Rules which required counsel to first file memorandum of appearance before announcing their appearance in a matter.

In the originating summons, the aggrieved senators urged the court to nullify Saraki and Ekweremadu’s elections as they violate Section 60 of the 1999 Constitution (as amended) and Rule 110 of the Senate Standing Orders 2015 (as amended).

It is their contention that the Senate Standing Orders 2015 upon which Saraki and Ikweremadu were elected is a product of invalid, illegal, unconstitutional and therefore to be set aside.

They further asked the court to declare that the Senate Standing Orders 2015 is a product of illegality and should be set aside.