A Federal High Court, Lafia has been urged to stop Mr Ibrahim Abdullahi Balarabe (APC, Ugya/Umaisha) and Mr Jacob Ajegana Kudu (APC, Nassarawa Eggon East) from parading themselves as speaker and deputy speaker of the Nasarawa State House of Assembly (NSHA).
The court was also urged to make “an order nullifying the purported oath of office taken on the 6th day of June, 2023,” by Balarabe, 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.
The News Agency of Nigeria (NAN) reports that two different speakers had emerged on Tuesday after Governor Abdullahi Sule’s proclamation of the Inauguration of the state’s 7th Assembly.
They are the incumbent speaker of the 5th and 6th assemblies, Mr Balarabe and Mr Ogah Ogazi (APC, Kokona East).
While Balarabe was elected at a sitting which 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.
NAN also reports that the inauguration of the assembly, which was scheduled for Tuesday, by Mr Ibrahim Musa, Acting Clerk of the assembly, was however postponed citing security advice to Governor Abdullahi Sule.
But the Daniel Ogazi-led assembly members with the House of Assembly joined as 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 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 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 perpetual injunction restraining the 13th-15th defendants (I-G, commissioner of police and SSS) from intimidating, harassing, arresting or detaining the 1st-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 Nasarawa State when they were inaugurated and sworn-in in the Chambers of the Nasarawa 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 recognising 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 of Section 105 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the 16th defendant (Governor 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 first session 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/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.
