Court Nullifies Suspension Of Dino Melaye, Others

An Abuja Federal High Court yesterday, nullified the suspension of nine members of the House of Representatives, saying it was illegal and unconstitutional.

The nine members are: Reps Dino Melaye, Independence Ogunnewe, Solomon Ahwinnahwi, Bitrus Kaze, Abbas Adamu, Austin Nwachukwu, Doris Uboh, Kayode Amusan and Gbenga Oduwaye.

The trial judge, Justice Adamu Bello, in his judgment, said the plaintiffs were not given fair hearing as provided for in the 1999 Constitution.

He added that the House acted outside its powers by placing the affected members on indefinite suspension instead of the 14 days which the law provided for.

Justice Bello added that the House ought to have referred their alleged offence offence to the House Committee on Privileges and Petition where they would have been given the opportunity to defend themselves.

“On this ground, I thereby nullify the suspension of the plaintiffs, it is null and void and it has no effect because something cannot be placed on nothing.

“I hope this judgment will facilitate the process of reconciliation and lasting peace in the House,” Bello said.

Earlier, Melaye and his group who were suspended on June 22, had through their counsel, Mr Femi Falana brought an originating summons praying the order of the court to nullify their suspension from the lower chamber.

The plaintiffs had held that the House did not have any legal right to stop them from performing their legislative duties.

In their joint motion argued by Falana, the lawmakers insisted that they were elected for a tenure of four years each and that neither the Speaker nor anybody had any right to cut their tenure short for any reason.

The plaintiffs claimed that their suspension had denied their respective constituencies representation in the lower chamber of the National Assembly.

They urged the court to set aside the suspension slammed on them, pending the final determination of their main suit.

The Speaker of the House of Representatives, Dimeji Bankole and others joined as defendants in the suit, immediately after the judgment filed a stay of execution pending an appeal against it.

The House originally suspended 11 members on June 22 after a free-for-all in the lower chamber.

Two of them, Reps. Ehioge-West Idahosa and Gbenga Onigbogi, were recently recalled after they were said to have shown remorse for their action.

The 11 members who called themselves ‘The Progressives” had alleged that Speaker Dimeji Bankole misappropriated N9 billion between 2008 and 2009.

When the matter came up on the floor of the House, the issue polarised members leading to a free-for-all and the suspension of the affected lawmakers.