By Juliana Katung
A Kaduna High Court has ruled that the suspension of two PDP members of the State House of Assembly, Northwest Nigeria is illegal, null and void.
The lawmakers, Bityong Nkom of Kaura constituency and Danladi Kwasu of Zango Kataf constituency had filed a suit challenging their suspension about five months ago by the House for allegedly ‘ manipulating’ the legislative process in the Assembly.
The duo in a suit filed before the Kaduna High Court were asking that the suspension be declared nullity because they were not given fair hearing.
In the ruling ,Justice Hannatu Balogun said the State should have allowed fair hearing before the suspension as constitutionally entrenched and guaranteed, under section 36 (2) (a) of the Federal Republic Of Nigeria,1999 as amended.
According to her, both parties agreed that there was no fair hearing given to the plaintiffs which was a clear violation of rights according to the 1999 constitution of the Federal Republic of Nigeria.
The counsel to the plaintiffs, Barr.Samuel Atungh had said that the court reinstates and expands the position of the Law in every proceeding that where the right of citizens are violated should be given a fair hearing, if not the entire process will amount to nullity in Law.
On his part , Counsel to the defendants, Barr. Alex Sarki said they have presented their argument to the court and the same court is obliged to take decision either way and “we have nothing than to accept even though I have my reservations.”
The two suspended members, Nkom and Danladi said the court has proved to be the last hope of the common man and wished that all arms of government would exercise as independent,adding that their suspension lasts for more than five months saying that they are excited as justice has prevailed according to the constitution of the Federal Republic of Nigeria and the rules of the State House of Assembly.
“The only thing lam not happy about is because we are the Law makers and not Law breakers, that is what hurts me the most in all the saga, we that write the Law are found breaking it, it is very disheartening.”
“They however called on all constituencies to be up and doing in elections to elect capable candidates who will represent them well and work effectively in accordance to the constitution.”
The PDP Chairman, Kaduna State Hassan Hyat said he looks at justice as the air we breath which we feel but do not see, If justice is violated we also feel it, and the Judge has shown confidence in treating the case despite all forces behind. It is really appreciated.
It could be recalled that the duo were suspended on the 28th November, 2017 over alleged meeting conveyed to change the Leadership of the PDP caucus in the State Assembly.
https://www.africaprimenews.com/2018/02/14/health/nigeria-kaduna-assembly-passes-bill-on-regulation-of-livestock-activities/