By Wole Adedeji, Ilorin
A Kwara State High Court sitting in Ilorin has described the suspension of a member of the State House of Assembly representing Edu State Constituency Hon Saba Yisa Gideon as illegal, unconstitutional, null and void.
The legislative House had on December 18 last year suspended the lawmaker for three months for allegedly recording proceedings of a meeting of the House without members consent and forwarded same to unauthorized persons.
Dissatisfied by his suspension the embattled lawmaker dragged the Speaker, Rt. Hon. Yakubu Danladi, the House of Assembly and others to court seeking redress.
In his about one-hour judgement, the presiding Justice Muritala Folorunsho said the suspension of the applicant by respondents in the case through a motion without notice was a procedural breach of his rights.
Justice Folorunsho said; “I declare that the purported suspension of the applicant from the performance of his legislative duties as the elected representative of Edu state Constituency of the KWHA by the respondents for three months on December 18, 2025 is not covered by the provisions of Legislative Houses, Powers and Privilege Act Item 17 Order 4, Rule 15 of the rules of Kwara state House of Assembly, 2019.
The Hon Justice therefore declared the action as “unconstitutional, unlawful, illegal, null, void and of no legal effect”.
He added that the combined effect of Section 36 (1) of the Constitution of the Federal Republic of Nigeria, Section 14 of Legislative Houses, Powers and Privileges Act of 2017, Order 4, Rule 15 of rules of the state House of Assembly 2019 was not followed.
“The purported suspension of the applicant from the performance of his legislative duties, functions and responsibilities as a member and elected representative of Edu State Constituency in the state House of Assembly for three months by the respondents carried December last year is unconstitutional, unlawful, null and void and of no legal effect”, the Hon Judge further declared.
He therefore said he set aside, the purported suspension of the applicant for three months from the performance of his legislative duties, functions and responsibilities should not be given effect to.
He granted an injunction restraining the respondents- their agents, servants, privies and or any person on the authority of and or under the instructions of the respondents from giving effect to the purported suspension of the applicant or stopping or resisting or in any manner or way interfering with the applicant in the performance of his legislative duties, functions and responsibilities in the state House of Assembly”, the Judge declared.
He also among others granted an injunction restraining the respondents, their agents, servants, privies and or any other person on the authority or under the instructions of the respondents to give effects to the purported suspension of the applicant.
He in addition restrained respondents from stopping payment or refusing to pay all the salaries of the applicant as a member elected to represent his people in the legislative house or in any way or manner due to the purported suspension of the applicant.
Salaries and entitlements due and payable to the applicant as a member were ordered to be paid for the it was made it impossible for him to discharge his parliament duties and responsibilities. The Judge however directed parties to bear their respective costs in the law suit.