Kogi Court reinstates suspended lawmaker

A Kogi State High Court sitting in Lokoja has set aside the
suspension of the member representing Igalamela Odolu constituency
in the state House of Assembly, Honourable Friday Sanni Makama.

Justice Henry Olusuyi in his judgement said the suspension of
the lawmaker was an act of legislative insolence which will not be
allowed any competent court.

He maintained that the suspension of the first defendant who
came to seek redress in court is invalid, illegal and
unconstitutional.

The judge noted that the claimant has the right to sue the first
defendant but can only be suspended when found wanting in-house
rule 37 to 39 which is not related to the case in view.

He also ordered that his entitlements as a member of the House
be given to him.

Justice Olusuyi however reserved ruling on the right of the
house or the party to appoint the principal officers of the house
especially that of the minority leader.

While setting aside the claimant right to seek relief of
judgment as the minority leader, the judge Justice Olusuyi said the
house in the other relief acted outside its constitutional
power.

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

“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 judgment 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.”

“In fact, his lordship while delivering his ruling stated in
clear word that ” the act of the Kogi State House of Assembly may
be likened to members of a confraternity who are taking a secret
oath, and if you look at what has happened, it may not be far from
that comparison.”

Meanwhile, counsel to the defendant Gabriel Saliu described the
ruling as sounding.

“Unlike the blanket argument, that the house has no power to
suspend its members, the judgment has clearly shown that the house
has the power to issue out suspension within rule 37-39 of the
house standing rule”.

Recall that Honourable Friday Sanni Makama, who was suspended on
the 28th of March 2017, over alleged anti-legislative activities
dragged the assembly to court challenging his suspension.

A Kogi State High Court sitting in Lokoja has set aside the
suspension of the member representing Igalamela Odolu constituency
in the state House of Assembly, Honourable Friday Sanni Makama.

Justice Henry Olusuyi in his judgement said the suspension of
the lawmaker was an act of legislative insolence which will not be
allowed any competent court.

He maintained that the suspension of the first defendant who
came to seek redress in court is invalid, illegal and
unconstitutional.

The judge noted that the claimant has the right to sue the first
defendant but can only be suspended when found wanting in-house
rule 37 to 39 which is not related to the case in view.

He also ordered that his entitlements as a member of the House
be given to him.

Justice Olusuyi however reserved ruling on the right of the
house or the party to appoint the principal officers of the house
especially that of the minority leader.

While setting aside the claimant right to seek relief of
judgment as the minority leader, the judge Justice Olusuyi said the
house in the other relief acted outside its constitutional
power.

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

“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 judgment 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.”

“In fact, his lordship while delivering his ruling stated in
clear word that ” the act of the Kogi State House of Assembly may
be likened to members of a confraternity who are taking a secret
oath, and if you look at what has happened, it may not be far from
that comparison.”

Meanwhile, counsel to the defendant Gabriel Saliu described the
ruling as sounding.

“Unlike the blanket argument, that the house has no power to
suspend its members, the judgment has clearly shown that the house
has the power to issue out suspension within rule 37-39 of the
house standing rule”.

Recall that Honourable Friday Sanni Makama, who was suspended on
the 28th of March 2017, over alleged anti-legislative activities
dragged the assembly to court challenging his suspension.