Assembly Takeover: Kogi drags N’Assembly, AGF before S’Court

The Kogi State Government has approached the Supreme Court asking it to nullify the resolution of the House of Representatives taking over the function of the State House of Assembly and retraining the Green Chamber from interfering in the affairs of the state legislature.

The state government, which hinged its argument on the fact that a suit was already pending before a Federal High Court sitting in Lokoja before the resolution of the House, also argued that the crisis in the state assembly did not lead to any security breach or a breakdown of law and order in the state.

The National Assembly and the Attorney General of the Federation, AGF, were joined as defendants.

It would be recalled that the House of Representatives had on March 9, 2016 passed a resolution to take over the legislative functions of the Kogi State House of Assembly after crisis that broke out in the assembly from the tussle for the speakership position between two factions of the state assembly.

The state government, in the suit with number, SC.340/2016, filed under Order 3 Rule 5 of the Supreme Court Rules, prayed the court to declare that the House of Representatives’ resolution was passed in breach of section 11(4) of the Constitution.

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The government’s statement of claim said: “There is no security report by the Governor of Kwara State, the police or any security agency in Nigeria that the disagreement among members of Kogi State House of Assembly caused insecurity and danger to public safety in the state.

“At all times material to the passage of the resolution of the National Assembly to take over Kogi State House of Assembly, Kogi State was ad is calm and peaceful as citizens go about their lawful business.”

The plaintiff therefore asked for two reliefs: “A declaration that the resolution of the House of Representatives on Wednesday, March 9, 2016, which purportedly took over the legislative functions of Kogi State House of Assembly is passed in breach of section 11(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“An order of perpetual injunction restraining the National Assembly from interfering with or take over the legislative functions of Kogi State House of Assembly based on the resolution of the House of Representatives passed on Wednesday, March 9, 2016.”

No date has been fixed for the hearing.

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