Nasiru Yusuf

The Kano state House of Assembly has on Tuesday reinstated five lawmakers suspended for opposing investigation of deposed Emir of Kano Muhammad Sanusi II.

Kano Focus reports that the lawmakers participated in Tuesday’s plenary chaired by the speaker of the House Abdulazeez Garba Gafasa.

It could be recalled that the Assembly had on Monday March 3 suspended five members for six months for causing a rowdy session.

The Assembly had descended into chaos over the report of its committee that investigated allegations against Muhammad Sanusi II, who was later deposed by the state government as Emir of Kano.

Court reinstates suspended Kano legislators

Sanusi dethronement: Kano assembly suspends 5 lawmakers

The suspended members are Garba Yau Gwarmai (APC) Kunchi/Tsanyawa Constituency, Labaran Abdul Madari (APC)  Warawa Constituency, and Mohammed Bello (APC) Rimin Gado/Tofa Constituency.

The rest are Isyaku Ali Danja (PDP) Gezawa Constituency and Salisu Ahmed-Gwamgwazo (PDP) representing Kano Municipal Constituency.

“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.

“They behaved violently and even attempted to snatch away the mace in a clear attempt to sabotage the sitting of the House,” the speaker said.

Three weeks later, the House suspended its plenary session on March 27, 2020 in compliance with COVID-19 protocol.

Court nullifies suspension

Also on June 3rd a Federal High Court sitting in Kano set aside the suspension of the five members.

The lawmakers in an originating summons urged the court to declare their suspension as a violation of Section 109 of the 1999 Constitution as amended.

They said that the section stipulates and guarantee their tenure in office.

Mr Jimoh, Counsel to the lawmakers, said that the suspension contravenes article 13 of the African Charter on people’s and human rights and Section 109 of the Constitution.

The presiding Judge, Justice Allagoa agreed with the submission of the counsel to the lawmakers.

Mr Allagoa, in his judgment, said that the suspension was unconstitutional, null and void.

He also ordered the Speaker and the Kano State House of Assembly to pay salaries and allowances of the five suspended members.

House failed to reinstate members

However, when the House failed to reinstate the lawmakers, they went back to Federal High Court, Kano and obtained an order compelling the Assembly to reinstate them in compliance with the judgment.

Kano Focus reports that the court granted the order and issued a form 48 which directed the house to reinstate the members in line with the judgment delivered on June 3rd.

However, the Assembly through its counsel Ibrahim Aliyu on Thursday June 18 filed an application requesting the court to set aside the form 48 it issued directing the House to comply with judgment on reinstating the five lawmakers pending the hearing and determination of appeal filed in Court of Appeal, Kano division.

When the matter  was called on Monday March 29, counsel to the five lawmakers Nuraini Jimoh appealed to court to adjourn the matter to enable them prepare counter affidavit as they were served on Wednesday June 24.

The trial judge Justice Lewis Allagoa adjourned the matter to Monday July 6 for hearing the motion.