Thursday, March 10, 2016 11:07 pm
The Kogi House of Assembly on Thursday in Lokoja resolved to file contempt charges against the leadership of the House of Representatives for disobeying a subsisting court injunction.
The resolution followed the adoption of a motion by the Majority Leader, Friday Sani (PDP-Igalamela-Odolu) at plenary.
Sani said that he agreed with the position of the House of Representatives on the provision of Section 11(4) of the Constitution. The section empowers the National Assembly to make laws for a state when the state House of Assembly is unable to perform its functions.
He, however, contended that the House of Representatives was hasty in its decision to seal up and take over the functions of the Assembly without considering sub-section 5 of the section.
The Section 11(5) according to him, states: “For the purpose of Section 4 of this section, a House of Assembly shall not be deemed to be unable to perform its function so long as the House of Assembly can hold meeting and transact the Assembly business.”
The legislators held that the House had been performing its functions, having sat on Dec. 16 and 29, 2015 as well as March 2 and 11.
“It may interest this House to note that State Assembly does not fall into the category of either Section 11(1), (2), (3) and (4) as anticipated by the House of Representatives.
“This is in addition to the matter filed by the leadership of this House at the Federal High Court, Lokoja, which the hearing notice was granted by the court dated March 1st, to April 6th”, he said.
Adoke Bello (PDP-Adavi) seconded the motion which was supported by all the members at plenary.
In his contribution, Bello Hassan (APC-Ajaokuta) said the action of the National Assembly to seal up and take over the state assembly was “ill-motivated, bias and unconstitutional.”
The new speaker, Umar Imam (APC-Lokoja 1), in his contribution called on the Senate to discountenance the concurrence being sought by the House of Representatives and direct the re-examination of the prevailing situation.