A Federal High Court sitting in Lafia has been urged to stop Alhaji Balarabe Abdullahi (APC-Umaisha/Ugya) and Mr Jacob Kudu from parading themselves as speaker and deputy speaker of Nasarawa State House of Assembly.
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The court was also urged to make “an order nullifying the purported oath of office taken on the 6th day of June, 2023,” by Abdullahi, Kudu and nine other members-elect, listed as 1st-11th defendants in the suit FHC/LF/CS/8/23, at the Conference Room of the Nasarawa State Ministry of Local Government and Chieftaincy Affairs, Lafia or anywhere outside the assembly’s parliamentary chambers.
Recall that two different speakers had emerged on Tuesday after Governor Abdullahi Sule’s proclamation of the Inauguration of the state’s 7th Assembly.
They are the incumbent speaker of the 5th and 6th assemblies, Alhaji Abdullahi and Mr Daniel Ogazi (APC-Kokona East).
While Abdullahi was elected at a sitting which took place at the Ministry of Local Government and Chieftaincy Affairs by 11 out of 24 members, Ogazi was elected by 13 out of 24 members at plenary at the state’s assembly complex.
However, the inauguration of the assembly, which was scheduled for Tuesday, by Mr Ibrahim Musa, Acting Clerk of the assembly, was however postponed citing security advice to the governor.
But the Daniel Ogazi-led assembly members with the House of Assembly joined as 14th plaintiff, in the originating summons dated June 7 and filed June 9 by their team of lawyers including Johnson Usman, SAN, and led by S.I. Ameh, sued Balarabe Ibrahim, Jacob Kudu, Suleiman Yakubu and Ven-Bawa Larry as 1st to 4th defendants respectively.
Others are Musa Ibrahim, Danladi Jatau, Mohammed Omadefu, Solomon Akwashiki, Hajarat Ibrahim, Musa Guide, Emmanuel Mading, Independent National Electoral Commission (INEC), Inspector-General (I-G) of Police, Nasarawa State Commissioner of Police, State Security Services (SSS), the Governor of Nasarawa State and National Assembly as 5th to 17th defendants.
They prayed the court to make “an order of perpetual injunction restraining the 1st-11th defendants from parading themselves as the Speaker, Deputy Speaker and members of the 14th plaintiff (House of Assembly), having not taken their oath of office in the 14th plaintiff’s Parliamentary Chambers or in the 14th plaintiff.
“An order of peroetual injunction restraining the 13th-15th defendants (I-G, commissioner of police and SSS) from intimidating, harassing, arresting or detaining the 1st-13th plaintiffs in order to prevent them from performing their functions as the Speaker, Deputy Speaker and members of the Nasarawa State House of Assembly including making laws for the Nasarawa State when they were inaugurated and sworn-in in the Chambers of the Nasarawa State House of Assembly as required by law.
“An order of perpetual injunction restraining the 12th defendant (INEC) either by itself, agents, privies, or any of their other organs or officials (anyhow so called) from recognising the 1st-11th defendants as members of the 14th plaintiff (assembly) until they are validly or legally sworn-in.”
They, therefore, prayed the court to determine “whether having regard to the provisions of Section 105 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the 16th defendant (Gov. Sule) can lawfully issue a second proclamation for the holding of the first session of the Nasarawa State House of Assembly after the House of Assembly has commenced its legislative business upon the issuance of the proclamation by the 16th defendant (governor) for the holding of the first session of the Nasarawa State House of Assembly on the 6th day of June, 2023.
“Whether having regard to the provisions of Sections 90, 104 and 105 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the 1st-11th defendants can lawfully conduct any legislative sitting/activity outside the Nasarawa State House of Assembly.
“Whether having regard to the provisions of Section 11 (4) and (5) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the 17th defendant (comprises of the Senate and the House of Representatives) can take over or interfere with the functions of the Nasarawa State House of Assembly including making laws for the Nasarawa State when the Nasarawa State House of Assembly is performing its functions and holding its sittings within the precinct of the 14th plaintiff,” among other questions sought for determination.
In the affidavit deposed to by Mr Esson Mairiga, a member representing Lafia North Constituency on the platform of Peoples Democratic Party (PDP), averred that he was the deputy speaker of the 7th assembly.
“That the 1st-13th plaintiffs and 1st-11th defendants were elected on the platform of their various political parties into the 14th plaintiff in the general election held on the 18th day of March, 2023.
Mairiga said on June 5, members-elect received letters from the acting clerk of the Nasarawa State House of Assembly on the proclamation of the assembly and for the inauguration of the 7th Assembly scheduled for June 6.
He said by the contents of the letter, the 7th Assembly was fixed for 10am.
“That I know as a fact that on the 6th day of June, 2023, the 1st-13th plaintiffs were present at the chambers of the 14th plaintiff for the inauguration as scheduled but the 1st-11th defendants were absent.
“That before the inauguration, the 1st-13th plaintiffs submitted their Certificates of Return to the to the clerk of the 14th plaintiff and presented themselves for inauguration/swearing in.
“That after waiting till 3:30pm without hearing from or seeing the 1st-11th defendants who were absent, the Clerk of the Nasarawa State House of Assembly proceeded with the business of the day in line with the provisions of the Constitution of the Federal Republic of Nigeria,” he said.
Mairiga, who said that the assembly consisted of 24 members, said of the membership, eight members formed a quorum for the House to proceed with its business.
“That the thirteen (13) members present having formed a quorum, elected the 1st plaintiff (Ogazi) as the speaker and myself as deputy speaker.
“That the swearing-in of the 1st-13th plaintiffs was done with the use of the official mace and was conducted by the clerk of the 14th plaintiff.
“That later in the evening of 6th day of June, 2023, news filtered on both social media and television particularly Channels Television which I watched that the 1st-11th defendants took their oath of office at the Conference Room of the Nasarawa State Ministry of Local Government and Chieftaincy Affairs, Lafia or somewhere outside the 14th plaintiff’s parliamentary chambers.
Mairiga, who said that the plaintiffs would be deprived from performing their legislative duties if Governor Sule continued to give recognition to the 1st-11th defendants who took their oath of office and oath of allegiance outside the House of Assembly, said he deposed to the affidavit in the interest of justice, good governance and democratic tenets.
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