Expunge suspension from house rules – Kwara Must Change advise state assembly
…Says KWHA should not return to the dark days of Atunwa
POLITICS DIGEST – A leading Pro Democracy group in Kwara State, Kwara Must Change has advised the Kwara State House of Assembly to become a leading example to other Assemblies across the country by expunging rules that are not in conformity with the constitution from their bylaws.
The group, which was responding to the indefinite suspension of a member of Kwara State House of Assembly, Hon Jimoh Agboola also said that several court judgements had maintained that suspending a lawmaker is like denying his constituents of representation.
In a statement by the Convener of Kwara Must Change, Mr Abdulrazaq Hamzat, the group stated that, while it is true that the house acted based on existing rules of the house to carry out the action, several court judgements had been entered against several State Assemblies and National Assembly over suspension of members and it has been established beyond every reasonable doubt that there’s no law in Nigeria that empowers the law making body to suspend any member indefinately.
The most any assembly could do, is to suspend member for 14 days, Hamzat said.
According to him, the 7th Assembly in Kwara State, under the leadership of Hon Razaq Atunwa was notorious for lawlessness and violation of constitutional rights of members and during that era, a member of the house, Hon Ilyasu Ibrahim was suspended indefinately for blowing whistle on corruption, a suspension that was not only challenged in court, but was overturned by the court of law.
“Hon Ilyasu Ibrahim challenged his unlawful suspension and the court gave him victory, though the judgement was not implemented by the Atunwa led Assembly”
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“The 8th Assembly, under the leadership of Hon Ali Ahmad also upheld the illegality of the 6th assembly by refusing to honour the court of appeal judgement on the matter, though it didn’t repeat the same mistake during its tenure”.
Hamzat maintained that, the current assembly, under the leadership of Hon Danladi Umar should not return the house to the dark days of Atunwa in the pre-otoge era, we should be moving forward and setting better examples.
“While it is true that certain rules of the house may empower the house to descipline its members, several court judgements across the nation, both at state and federal level have declared indefinate suspension of members as illegal and the case of Sen Ali Ndume and Sen Omo Agege against the Bukola Saraki led senate are just a few examples”.
It would therefore amount to willful insistence on bad precedence, to continue to suspend members as a means of punishment, despite clearly contradicting the position of law.
Kwara Must Change Convener explained that, the fact that the house suspended the member indefinately before it ever investigated his alleged offence doesn’t speak well of the house.
“Allegation may lead to suspension before Investigation, if the person being alleged is in position to interfere with the process of Investigation, but that is not the case here”
Hamzat therefore urges the house to amend its rules to conform with the constitution of the country, as interpreted by several court of law in the country.
Recall that a member of the Kwara State House of Assembly, Hon Jimoh Agboola representing Ilorin South State constituency was indefinately suspended from the house over alleged contempt against the house.
That thee matter has been refered to the house Committee on previlege, rules and judiciary is enough for the legislature to uphold the rule of law.