A Kaduna State High Court on Wednesday quashed the
suspension of two members of Kaduna State House of Assembly, saying
due process was not followed by their suspension.
Justice Hannatu Balogun in her ruling on the matter said that
the state assembly did not investigate nor allow the two lawmakers
to defend themselves of any allegation against them.
She said that the suspension violated the rights of the
lawmakers to fair hearing as guaranteed under section 36 (2) (a) of
the Constitution.
The two lawmakers, Bityong Nkom (PDP-Kaura) and Danladi Kwasu
(PDP-Zangon Kataf) were suspended by the assembly on Nov. 28,
2017.
They filed the suit asking the court to declare their suspension
a nullity, as they were denied fair hearing.
Reacting to the judgement, counsel to the plaintiffs, Mr Samuel
Atung said the court had reinstated and expanded the position of
the law that in every proceeding where the right of citizens are
violated, they should be given fair hearing.
Counsel to the assembly, Alex Sarki, said “we have nothing than
to accept even though I have my reservations.”
On their part, the two lawmakers said the ruling has proved that
the court was the last hope of the common man, adding “we are
excited justice has prevailed.”
NAN recalls that no reason was given on the floor of the
assembly when the decision was taken to suspend the two members on
November 28, 2017.
NAN
A Kaduna State High Court on Wednesday quashed the
suspension of two members of Kaduna State House of Assembly, saying
due process was not followed by their suspension.
Justice Hannatu Balogun in her ruling on the matter said that
the state assembly did not investigate nor allow the two lawmakers
to defend themselves of any allegation against them.
She said that the suspension violated the rights of the
lawmakers to fair hearing as guaranteed under section 36 (2) (a) of
the Constitution.
The two lawmakers, Bityong Nkom (PDP-Kaura) and Danladi Kwasu
(PDP-Zangon Kataf) were suspended by the assembly on Nov. 28,
2017.
They filed the suit asking the court to declare their suspension
a nullity, as they were denied fair hearing.
Reacting to the judgement, counsel to the plaintiffs, Mr Samuel
Atung said the court had reinstated and expanded the position of
the law that in every proceeding where the right of citizens are
violated, they should be given fair hearing.
Counsel to the assembly, Alex Sarki, said “we have nothing than
to accept even though I have my reservations.”
On their part, the two lawmakers said the ruling has proved that
the court was the last hope of the common man, adding “we are
excited justice has prevailed.”
NAN recalls that no reason was given on the floor of the
assembly when the decision was taken to suspend the two members on
November 28, 2017.
NAN
Read more https://www.nairalaw.com/court-quashes-suspension-of-2-kaduna-assembly-members/