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Published On: Thu, Jul 23rd, 2020

Court orders Assembly to reinstate, pay suspended Jigawa lawmaker

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By Musa Adamu with agency report

A Jigawa State High Court sitting in Dutse has ordered the State House of Assembly to reinstate suspended lawmaker, Hon. Sani Isyaku who was suspended for allegedly instigating an attack on Governor Badaru.
The State House of Assembly suspended Alhaji Sani Isyaku Abubakar, the member representing Gumel constituency over alleged attack on the state governor, Alhaji Muhammad Abubakar Badaru, while on a visit to Hadejia town for a wedding ceremony.
The High Court Judge, Justice Ahmed Isa, in his judgement ruled that the suspension of the member by the Speaker of the Assembly was illegal, inappropriate, null and void.
The High Court 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 recognizes a four-year term for a member and a right due to his constituency to be represented and is therefore null and void.”
The judge ordered a 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 therein, or violating any of his fundamental human rights whatsoever.
The court also directed 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 in March.

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