From Mika’il Tsoho, Dutse
The high Court sitting in Dutse, described the suspension of the member representing Gumel constituency in Jigawa state assembly Alhaji Sani Isyaku by the speaker of the house on the 5th March 2020 as illegal, inappropriate, null and void.
This was announced by the high Court Judge, Justice Ahmed Isa during the court sitting yesterday in Dutse.
Sani Isyaku was suspended in March over alleged attack on the state governor Alhaji Muhammad Abubakar Badaru whom was on a visit to Hadejia town for a wedding ceremony.
The judge declared that the action of the assembly speaker did not comply with order 15 rule 74 (2)(c) and (3) a,b of the state house of assembly standing orders 2017 and is thereby illegal, inappropriate, null and void.
That the setting aside the indefinite suspension of the claimant by the defendant was in violation of the fundamental right to fair hearing of the claimant as enshrined in section 36 of the 1999 constitution and also in violation of order 15 rule 74 of the state assembly orders 2017.
That order 15 rule 74 of the assembly standing orders 2017 which gives powers to the assembly to suspend a member indefinitely is inconsistent with sections 105 (1) and 117 (1) of the 1999 constitution of the federal republic of Nigeria which recognises a four years term for a member and a right due to his constituency to be represented and is therefore null and void.
The judge directs that the perpetual injunction restraining the defendants either by themselves or through their agents, officers or privies from denying the claimant entrance into the Jigawa state house of assembly, or performing his functions as an elected member therin, or violating any of his fundamental human rights whatsoever.
The court also directs that the defendant must pay the claimant his withheld 3 months allowances to the tune of N3 million that he was denied since his suspension from March.
Also the court ruled that another sum of N3 million monthly allowance payable to all the members under the reviews remuneration package for political, public and judicial officers.