The five cavalier Kaduna House of Assembly legislators who stood against investigation of corruption allegations against Muhammadu Sanusi while he was still the Kano Emir and were suspended are back on the floor of the house.
The five lawmakers participated in Tuesday’s plenary of the assembly after the Federal High Court, Kano, declared their suspension null and void, and ordered their reinstatement.
The suspended members are Garba Yau-Gwarmai (APC) representing Kunchi/Tsanyawa Constituency, Labaran Abdul Madari (APC) representing Warawa Constituency, and Isyaku Ali Danja (PDP) representing Gezawa Constituency.
The others are Mohammed Bello (APC) representing Rimin Gado/Tofa Constituency and Salisu Ahmed-Gwamgwazo (PDP) representing Kano Municipal.
It would be recalled that the assembly had on March 3 suspended them for six months for allegedly causing rowdiness in the house.
The assembly had descended into chaos over the report of its committee that investigated the allegations against former Emir Sanusi, who was later deposed by the state government as Emir of Kano.
The Speaker, Abdulazeez Gafasa, said the five cavaliers were suspended for misconduct and violation of the rules of the house.
“The five members were suspended for violating the rules of the house, especially Order IV Sub 4 a, b, d and e disrupted the sittings of the house and prevented proceedings from going on,” the speaker said.
“They behaved violently and even attempted to snatch away the mace in a clear attempt to sabotage the sitting of the house,” Mr. Gafasa said.
Three weeks later, the House suspended its plenary session on March 27 in compliance with COVID-19 protocol.
But on June 3, the Federal High Court set aside the suspension of the five members after they urged the court to declare the sanction as a violation of Section 109 of the 1999 Constitution as amended.
They said that the section stipulates and guarantees their tenure.
The counsel to the lawmakers also said the suspension contravenes Article 13 of the African Charter on People’s and Human Rights and Section 109 of the Constitution.
The presiding Judge, Lewis Allagoa, agreed with the submission of the counsel to the lawmakers, saying their suspension was unconstitutional, null and void.
He also ordered the speaker and the assembly to pay the salaries and allowances of the five suspended members.
However, when the House failed to reinstate the lawmakers, they went back to the court and obtained an order compelling the Assembly to reinstate them in compliance with the judgment.
But the assembly through its counsel, Ibrahim Aliyu, on June 18, filed an application requesting the court to set aside the form 48 it issued directing the assembly to comply with the judgment, pending the determination of an appeal filed by the defendants.
Justice Allagoa adjourned the matter to July 6 for the hearing of the motion.
The counsel to the Kano assembly, Mr. Aliyu, said afer the judgement on June 3, they filed an appeal and motion of stay of execution until the appeal is determined.
But the counsel to the Cavalier lawmakers argued that the House is compelled by law to comply with the judgment as soon as it was delivered by the court. “Whether there is an appeal or not, if the judgment is delivered, until that judgment is set aside, any party affected by it ought to comply with it.”
Alhaji Sanusi was later deposed as the Emir of Kano by the state government and a replacement appointed.