Others joined in the suit are the House of Assembly, Independent National Electoral Commission (INEC) and Resident Electoral Commissioner, Kogi State.
Honourable Henry Ojuola representing Yagba East constituency and Daniel Foluso reprsenting Mopa/ Muro constituency, who instituted the case differently are both members of the All Nigeria Peoples Party (ANPP). The faction of the House that sat, during the alleged impeachment of the former Speaker Abdullahi Bello before the resolution of the crisis had suspended the duo from sitting in the House.
The counsel of the duo, Funso Agbanah of Temperance Law Office, Lokoja Kogi State, who filed the case on their behalf separately seeks for the interpretation of the following questions among others that:
When should a member of a House of Assembly vacate his seat under Section 109 of the Constitution of the Federal Republic of Nigeria 1999 as amended, whether the letter of the Speaker of a faction of the Kogi State declaring their seats vacant is lawful and Constitutional having regard to Section 109 (2) of the Constitution of the Federal Republic of Nigeria,1999 as amended.
Whether the 3rd defendant (INEC) can lawfully act or is empowered to conduct fresh election into their constituencies presently occupied by Honourables Henry Ojuola and Daniel Foluso solely on the letter of the Speaker of a faction of the Kogi State House of Assembly declaring the constituency vacant.
Their counsel asked again that “whether the resolution passed by a faction of the Kogi State House of Assembly on October 30, 2012 suspending the duo from sitting in the House can by any stretch of interpretation amount to declaring their constituencies seat vacant.
And that “ whether under the provision of section 109 (2) of the Constitution of the Federal Republic of Nigeria 1999 as amended an adverse decision affecting the status, rights and privileges of the plaintiff as an Honourable member representing their constituencies in the House of Assembly can be taken and implemented by the 1st and 2nd defendants without granting a hearing to the plaintiffs”
Though no date has been fixed for hearing but they asked for a declaration that the seats of the plaintiffs in the Kogi State House of Assembly is not vacant and order of interlocutory injunction restraining the 3rd and 4th defendants either by itself, servants agents or through any person howsoever from conducting election into their constituencies until the determination of the suit.
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