Court declares Bauchi Assembly law on creation of additional districts unlawful

A Bauchi State High Court presided over by Justice Aliyu Baba Usman has declared a law passed by the 8th Bauchi State House of Assembly on the creation of additional district, village and hamlet heads as unlawful and unconstitutional.

Justice Aliyu Baba made the declaration delivering the Judgement of the court on the suit filed by seven former lawmakers in the 8th Assembly, Yakubu Abdullahi Shehu who is now the member of House of Representatives representing Bauchi Federal Constituency; Muhammad Aminu Tukur, Auwal Hassan, Maryam Garba Bagel, Ibrahim Bello Katagum, Abdulmumini Bala Fanti and Bello Idris Dambam against Bauchi State House of Assembly, the Speaker, Bauchi State Governor and the State Attorney General.

Aliyu ruled that, “upon hearing the originating summons, supporting affidavit and the exhibits attached and written address dated 23rd May 2019, pursuant to Order 6 rule 3 of the Bauchi State High Court, Civil Procedure Rules, seeking for an order for the declarations and further affidavit of 9 paragraphs filed on 19th July, 2019, and upon failure of the respondents to appear or file counter affidavit challenging the plaintiffs case, despite services of all the processes on them.

“And after listening and considering the submission made through the written address pursuant to the Bauchi State High court practice direction No 4 of 2017 by Barrister Mukhtar Abubakar Usman and one other, learned Counsels to the Plaintiffs.

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“It is hereby ordered, that an order for declaration is hereby made, that the proceedings conducted by the Bauchi State House of Assembly on 15th may 2019, to the purported passage of a bill for a law to create additional districts, village areas and hamlets, is irregular, unlawful and therefore void, having been in dereliction on the Standing Orders of the Bauchi State House of Assembly and the legislative due process.”

Justice Aliyu further declared that the bill for a law to create additional districts, village areas and hamlets 2019 has not passed through the required process stipulated by law its therefore null and void, unconstitutional and of no legal effect whatsoever.

He ruled also that the law was done in bad faith and it is unlawful and awarded the cost of N50, 000 against the defendants.

It will be recalled that at its twilight, the immediate past 8th Assembly hurriedly passed some bills into law including the law to prohibit the probe of the then APC-led administration in the state as well as the law prohibiting all forms of gambling.

All the laws attracted opposition by the general public who described them as against the peace and progress of the state.