From Yakubu Busari, Jos
Former Speaker of the Plateau State House of Assembly, Rt. Hon Nuhu Ayuba Abok has approached the State High Cour in Jos and asked it to declare his impeachment “unconstitutional and Illegal.”
In a suit No, PLD/J/476/2022 filed before the court, Abok, named the current Speaker, Rt.Hon. Yakubu Sanda & 7 ors as first, second, and seventh defendants, respectively.
Recall that in October 2021, Nuhu Ayuba Abok was removed from his position and suspended indefinitely. His seat was declared vacant by the members of the State Assembly.
In the suit, Barr. Dalong Dankat Amos, disclosed that his client Ayuba Abok was illegally removed as the speaker by a group which constituted themselves and sat down during unusual hours to plan his impeachment.
“However, being dissatisfied with the procedure of and not meeting the required guidelines for his impeachment on the 23rd October 2021 the matter came up for hearing and we filed for an adjournment to enable us amend the charges,” Amos said, adding that “the sudden death of Henry Dagogol, a member representing Quanpan North State constituency at the State House of Assembly prompted the amendment which was effected because we can’t proceed with the case with the name of deceased colleague among the defendants “.
Nuhu Ayuba Abok said that the police laid siege to the assembly complex over claims that some persons were planning to attack the lawmakers.
Ayuba had, however, described the alleged threat to attack the assembly as “make-belief”, and accused Rt. Hon. Yakubu Sanda , of conniving with governor of the state and a few lawmakers to impeach him.
Ayuba Abok was later replaced with Yakubu Sanda , a lawmaker representing Pengana constituency.
In the court document seen by our correspondence , among other reliefs, the impeached speaker is asking the court to reinstate him as speaker and dismiss his suspension.
“A declaration that the purported plenary sitting of few members of the 1st Defendant of October 2021 was illegal, null and void,” the document reads.
“A declaration that by the provisions of Order V Rule 18 (1); Order II Rule 9 of the House Rules; Sections 92 (2)(c) and 109 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the purported impeachment of the claimant as the speaker of the Plateau State House of Assembly by a group members at their purported plenary sitting without following the due process of law is unconstitutional, illegal, null and void.
“A declaration that the alleged election of the 1st Defendant as the Speaker of the Plateau State House of Assembly at the purported plenary sitting of the October 2021 is unconstitutional, illegal, null and void.
“A declaration that the 1st defendant ought to be ordered to account for and refund to the coffers of Plateau State Government all the salaries, emoluments, allowances and or whatever monetary benefits appurtenant to the office of the Speaker of the Plateau State House of Assembly during the tenure of his purported election as the speaker.
“A declaration that by the provision of Section 109 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), inter alia, the purported suspension of the claimant at the purported plenary sitting of by the members of the Plateau State House of Assembly on the said October 2021 is unconstitutional, illegal, null and void.
“A declaration that on the footing of his brazen violation of and or blatant disregard for the aforementioned relevant constitutional and statutory provisions, the 1st Defendant henceforth deserves to be restrained from vying for, holding or continuing to hold any State or national elective position and or whatever public office in Nigeria.
“An order of the honourable court reinstating the claimant as the speaker of the 1st defendant (Plateau State House of Assembly), forthwith.
“An order of court rescinding the purported suspension of the Claimant as Honourable member of the Plateau State House of Assembly.
“An order directing the 1st Defendant to ensure immediate payment of the salaries, emoluments, allowances and all entitlements due to the claimant as the Speaker of the 1st Defendant from October 2021 till the date of final judgment in this suit or the termination of the 6th Assembly of the 1st Defendant.
“An order compelling the 1st defendant to forthwith account for and refund to the coffers of Plateau State Government all the salaries, emoluments, allowances and or whatever monetary benefits appurtenant to the office of the speaker of the plateau State House of Assembly during his purported tenure of being as the speaker.”
