Court urged to stop Abdullahi, Kudu from parading selves as speaker, deputy

A Federal High Court in Lafia has been urged to stop Alhaji Balarabe Abdullahi (APC-Umaisha/Ugya) and Mr. Jacob Kudu from parading themselves as speaker and deputy speaker of the Nasarawa State House of Assembly.

The court was also urged to make “an order nullifying the purported oath of office taken on the 6th day of June, 2023,” by Abdullahi, Kudu, and nine other members-elect, listed as 1st–11th defendants in the suit FHC/LF/CS/8/23, at the Conference Room of the Nasarawa State Ministry of Local Government and Chieftaincy Affairs, Lafia, or anywhere outside the assembly’s parliamentary chambers.

Supreme reports that two different speakers emerged on Tuesday after Gov. Abdullahi Sule’s proclamation of the inauguration of the state’s 7th Assembly.

They are the incumbent speakers of the 5th and 6th assemblies, Alhaji Abdullahi and Mr. Daniel Ogazi (APC-Kokona East).

While Abdullahi was elected at a sitting that took place at the Ministry of Local Government and Chieftaincy Affairs by 11 out of 24 members, Ogazi was elected by 13 out of 24 members at plenary at the state’s assembly complex.

Supreme also reports that the inauguration of the assembly, which was scheduled for Tuesday by Mr. Ibrahim Musa, Acting Clerk of the Assembly, was postponed citing security advice to Gov. Abdullahi Sule.

But the Daniel Ogazi-led assembly members with the House of Assembly joined as the 14th plaintiff in the originating summons dated June 7 and filed June 9 by their team of lawyers, including Johnson Usman, SAN, and led by S.I. Ameh.

Ogazi sued Balarabe Ibrahim, Jacob Kudu, Suleiman Yakubu, and Ven-Bawa Larry as the 1st to 4th defendants, respectively.

Others are Musa Ibrahim, Danladi Jatau, Mohammed Omadefu, Solomon Akwashiki, Hajarat Ibrahim, Musa Guide, Emmanuel Mading, Independent National Electoral Commission (INEC), Inspector-General (I-G) of Police, Nasarawa State Commissioner of Police, State Security Services (SSS), the Governor of Nasarawa State, and the National Assembly as 5th to 17th defendants.

They prayed the court to make “an order of perpetual injunction restraining the 1st–11th defendants from parading themselves as the Speaker, Deputy Speaker, and members of the 14th plaintiff (House of Assembly), having not taken their oath of office in the 14th plaintiff’s Parliamentary Chambers or in the 14th plaintiff.

They are seeking an order of permanent injunction restraining the 13th and 15th defendants (I-G, commissioner of police, and SSS) from intimidating, harassing, arresting, or detaining the 1st and 13th plaintiffs in order to prevent them from performing their functions as the Speaker, Deputy Speaker, and members of the Nasarawa State House of Assembly, including making laws for the state, when they were inaugurated and sworn in in the Chambers of theNasarawa State House of Assembly as required by law.

“An order of perpetual injunction restraining the 12th defendant (INEC) either by itself, agents, privies, or any of their other organs or officials (anyhow so called) from recognizing the 1st–11th defendants as members of the 14th plaintiff (assembly) until they are validly or legally sworn-in.”

They, therefore, prayed the court to determine "whether, having regard to the provisions ofSection 105 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the 16th defendant (Gov. Sule) can lawfully issue a second proclamation for the holding of the first session of the Nasarawa State House of Assembly after the House of Assembly has commenced its legislative business upon the issuance of the proclamation by the 16th defendant (governor) for the holding of the Nasarawa State House of Assembly on the 6th day of June, 2023.

“Whether having regard to the provisions of Sections 90, 104, and 105 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the 1st–11th defendants can lawfully conduct any legislative sitting or activity outside the Nasarawa State House of Assembly.

“Whether having regard to the provisions of Section 11 (4) and (5) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the 17th defendant (comprises of the Senate and the House of Representatives) can take over or interfere with the functions of the Nasarawa State House of Assembly, including making laws.

In the affidavit deposed to by Mr. Esson Mairiga, a member representing Lafia North Constituency on the platform of the Peoples Democratic Party (PDP), he averred that he was the deputy speaker of the 7th assembly.

“That the 1st-13th plaintiffs and 1st-11th defendants were elected on the platform of their various political parties into the 14th plaintiff in the general election held on the 18th day of March, 2023.

Mairiga said on June 5, members-elect received letters from the acting clerk of the Nasarawa State House of Assembly on the proclamation of the assembly and for the inauguration of the 7th Assembly scheduled for June 6.

He said that based on the contents of the letter, the 7th Assembly was fixed for 10 a.m.

“That I know as a fact that on the 6th day of June, 2023, the 1st-13th plaintiffs were present at the chambers of the 14th plaintiff for the inauguration as scheduled, but the 1st-11th defendants were absent.

“That before the inauguration, the 1st-13th plaintiffs submitted their Certificates of Return to the to the clerk of the 14th plaintiff and presented themselves for inauguration/swearing in.

“After waiting till 3:30 p.m. without hearing from or seeing the 1st–11th defendants who were absent, the Clerk of the Nasarawa State House of Assembly proceeded with the business of the day in line with the provisions of the Constitution of the Federal Republic of Nigeria,” he said.

Mairiga, who said that the assembly consisted of 24 members, said that of the membership, eight members formed a quorum for the House to proceed with its business.

“That the thirteen (13) members present, having formed a quorum, elected the 1st plaintiff (Ogazi) as the speaker and myself as deputy speaker.

“That the swearing-in of the 1st–13th plaintiffs was done with the use of the official mace and was conducted by the clerk of the 14th plaintiff.

“That later in the evening of 6th day of June, 2023, news filtered on both social media and television particularly Channels Television which I watched that the 1st-11th defendants took their oath of office at the Conference Room of the Nasarawa State Ministry of Local Government and Chieftaincy Affairs, Lafia or somewhere outside the 14th plaintiff’s parliamentary chambers.

Mairiga, who said that the plaintiffs would be deprived from performing their legislative duties if Gov. Sule continued to give recognition to the 1st-11th defendants who took their oath of office and oath of allegiance outside the House of Assembly, said he deposed to the affidavit in the interest of justice, good governance and democratic tenets.