Court reinstates suspended Kogi lawmaker

A Kogi State High Court, sitting in Lokoja, on Thursday, described the suspension of the member representing Igalamela/Odolu state constituency in the Kogi State House of Assembly, Friday Sani, as illegal, thereby setting it aside.

Delivering judgment on a suit filed the the lawmaker to challenge his suspension, Justice Henry Olusuyi, said the suspension was an act of legislative insolence that could not be allowed any court of competent  jurisdiction.

According to him, the suspension of the legislator was “invalid, illegal and unconstitutional”.

The court held that the claimant was constitutionally empowered to sue the Kogi state house of assembly as he could only be suspended when found wanting based on the house rule 37 to 39 which was not related to the case in view.

The judge, while setting aside the suspension, also ordered that his entitlements as a member of the house be given to him.

The court however turned down the prayer if the claimant that it should set aside the election of a minority leader for the house because the process was allegedly full of flaws.

It held that order 10 rule 1 of the standing rule of the house that guided the election of the minority leader was not against the spirit and letters of the 1999 constitution of Nigeria.

The claimant had approached the court to seek redress following his suspension from the house for 6 months, saying he was being persecuted because of stand on the plight of the civil servants and petitioners in the state.

Apart from this, Sani also prayed the court to declare the election of the minority leader, Godwin Osuyi, null and void, saying he (Sani) was duly elected and nominated by the members of the Peoples Democratic Party (PDP).

Speaking shortly after the ruling,  counsel to the plaintiff, Promise Ogbadu, described the judgement as symbolic and profound.

He said, “We still have other issue to pick which we are going to file in the court of appeal. It is very interesting that the court did not miss word insisting that the act of the assembly was not only contemptuous, it was also an act of legislative impunity and legislative irresponsibility.

” To that extent, we hope and pray that the judgement will give a profound direction to both the kogi state house of Assembly and other legislative house in the country on the ambit of their power in relation to their members.

“There is a point that cannot be over emphasised, because every member of a legislative house is elected by his or her constituent to represent them for a fixed term. It is unacceptable for any legislative house or members to gang up and start abridging the right of citizens representative contrary to the law of the land.”