Speaker of Kogi House of Assembly Dragged to Court by Two Lawmakers under Him

Two members the Kogi State House of Assembly have dragged the Speaker, Honourable Momoh Lawal to the Federal High Court sitting in Abuja, over the legality of their seats. Others joined in the suit are the House of Assembly, Independent National Electoral Commission (INEC) and Resident Electoral Commissioner, Kogi State.

The complainants, Honourable Henry Ojuola representing Yagba East constituency and Daniel Foluso reprsenting Mopa/ Muro constituency, are both members of the All Nigeria Peoples Party (ANPP). The faction of the House that sat during the alleged impeachment of the former Speaker, Abdullahi Bello, before the resolution of the crisis, had suspended the duo from sitting in the House.

Counsel to the duo, Funso Agbanah, who filed the case on their behalf separately seeks for the interpretation of the following questions among others that: “whether the resolution passed by a faction of the Kogi State House of Assembly on October 30, 2012 suspending the duo from sitting in the House can by any stretch of interpretation amount to declaring their constituencies seat vacant.

And that “whether under the provision of section 109 (2) of the Constitution of the Federal Republic of Nigeria 1999 as amended an adverse decision affecting the status, rights and privileges of the plaintiff as an Honourable member representing their constituencies in the House of Assembly can be taken and implemented by the 1st and 2nd defendants without granting a hearing to the plaintiffs.”

Though no date has been fixed for hearing but they asked for a declaration that the seats of the plaintiffs in the Kogi State House of Assembly is not vacant and order of interlocutory injunction restraining the 3rd and 4th defendants either by itself, servants agents or through any person howsoever from conducting election into their constituencies until the determination of the suit.