The Kogi State chapter of the ruling All Progressives Congress, APC, has dragged the Minister of Justice and Attorney General of the Federation (AGF), Malami Abubakar, to the Supreme Court, asking for an order nullifying the House of Representatives’ resolution to take over the legislative functions of the state’s House of Assembly.
The National Assembly is also a party to the suit. 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.
The House of Representatives passed the resolution following the crisis that broke out from the tussle for the speakership position between two factions of the state assembly.
However, the Kogi state Government represented by the state’s Attorney-General and the House of Assembly, filed its suit on April 29, 2016 before the Supreme Court, to challenge the House of Representatives’ resolution.
The National Assembly and the AGF are the two defendants to the suit. The plaintiffs in the suit with number, SC.340/2016, filed under Order 3 Rule 5 of the Supreme Court Rules, asked the apex court to declare that the House of Representatives’ resolution was passed in breach of section 11 (4) of the Constitution.
They also urged the apex court to nullify the resolution. They contended in their statement of claim that “the factional disagreement” between members of House of Assembly was normal in a democracy.
According to them, the crisis started on February 16, 2016, following a disagreement between two factions in the House of Assembly over the speakership position. They claimed that following the disagreement, a faction of the members of the House of Assembly filed the suit, FHC/LKJ/CS/16/16 (Kogi State House of Assembly & 3 Ors V National Assembly & 2 Ors.
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