Justice Henry Olusuyi of Kogi State High Court II has reserved June 29 for judgement in the suit filed by Honourable Friday Sanni Makama against Kogi State House of Assembly.
Makama dragged the State Assembly before the court challenging his suspension from the House over alleged anti-legislative activities.
During written and oral submission by Makama’s counsel, Jubrin Okutepa (SAN), he argued that the suspension of the plaintiff was a gross violation of the fundamental mandate of the people he represents in the state.
He referred the judge to exhibit C (1) which is the vote and proceeding of the assembly describing it as a “total arrogance of power “.
He referred the judge to the case of Akomolafe versus speaker, Ondo State House of Assembly 1984 which was reported in the Nigeria weekly law report pages 355 and 366. He also cited the case involving Bauchi State House of Assembly and Rifkatu Samson Danna which was delivered on 19th November 2015 by the Court of Appeal, Jos. The ruling admitted that the House cannot suspend a member for one minute which is believed to be trampling on the right of elected representatives.
He said the court affirmed that elected representatives are not employees of the executive or the legislators hence cannot be removed or suspended but rather can only be recalled by his people.
Okutepa (SAN) also cited Section 17 sub section 2 of the Nigeria constitution to back up is claim.
He called on the judge to rescue the claimants as the House failed to give him fair hearing and stating that they lack the right to suspend him.
Counsel to the defendant, Gabriel Saliu told the judge that the lawmakers acted upon the standing rule of the Assembly.
Saliu said all cases cited by the plaintiff’s counsel are not relevant to this case urging the court to disregard them.
Responding to the position of the defendant, counsel to Makama, Jibrin Okutepa (SAN) said the rule of the Assembly can not ignore section 6 of the Nigeria constitution which created the judiciary.
The presiding judge, Justice Olusuyi however reserved his judgement on the matter for Thursday June 29th 2017.
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