Two members of the Kaduna House of Assembly – Bittiong Nkom and Danladi Kwasu – who were suspended on November 28, 2017, have challenged the suspension order in court.
The duo, in a suit filed before Kaduna State High Court 7, are asking that the suspension be declared a nullity because they were not given fair hearing.
At the hearing of the case on Wednesday, Sam Atung, their Counsel, told the court that the lawmakers were not given any opportunity to state their side as required by section 32, 2 (a) of the 1999 constitution.
Atung said: “We find it shocking that the legislators did not allow their colleagues to defend themselves before suspending them.
“More shocking is that two days after the suspension, my clients were directed to return all government properties in their possession. What it means is that they were dismissed from the House and not suspended.”
Responding, Alex Habu, Counsel to the defendants, said that the suspension was a temporary action “pending the outcome of the report by the Committee on Ethics and Privileges, which is investigation the matter”.
Habu said: “The offence that led to the suspension of the members happened outside the Assembly which requires proper investigation; so no one denied them fair hearing because the matter is still being investigated.”
He said that the suspension was an interim action “pending a report of the Committee on Ethics and Privileges”, stating that the Order had been misconceived by the plaintiffs.
He said: “We are saying that they should wait until the committee is through with its investigation before they can defend themselves; coming to court is too early.”
After hearing from both sides, the presiding judge, Justice Hannatu Balogun, adjourned the case to May 2, 2018 for further hearing.
The News Agency of Nigeria recalls that the two members were suspended over alleged “manipulative activities against the Assembly”.
The House had resolved to suspend the duo after Alhaji Mouktar Hazo moved the motion under matters of public importance and was seconded by Alhaji Abdurrahman Haruna.
NAN sources indicated that the House was angry over a meeting, allegedly convened by the duo, during which some members resolved to impeach the Minority Leader, Irimiya Kantiok.
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