From Aniekan Aniekan, Calabar
The National Industrial Court, Calabar Division, has nullified the Cross River State Special Allowances for some Public Office Holders Law No.2023.
The law granted special allowances to former governors, Deputy Governors, Speakers, and Deputy Speakers.
The presiding judge, Justice Sanusi Kado, in a landmark judgement in Suit No. NICN/CA/23/2023 delivered on December 12, 2024, further restrained the Cross River State Government, Cross River State House of Assembly, and Attorney General of Cross River State from implementing the provisions of the said law.
The suit had Rt. Hon. Mkpanam Obo Bassey Ekpo, Hon. Godswill Eki, and Hon. (Dr.) Bassey Ibor (for and on behalf of former members of CRSHA) as applicants.
On the other hand, the government of Cross River State, Cross River State House of Assembly, the Attorney-General, and fourteen other persons joined as defendants.
In his ruling, Justice Kado said: “The House of Assembly must at all times, in carrying out their constitutional duty, refrain from abusing the power of making laws to make laws for their selfishness aggrandisement to the detriment of the tenant of the law.
“The law makers must always, when exercising their powers of lawmaking, remember that they were not elected to make laws that are beneficial to themselves, neglecting their responsibility in executing their legislative function for the good of society.
“In view of my finding that Law No. 2 of 2023 was not legally made, I hereby declare the said law unconstitutional, invalid, null and void, and of no effect whatsoever.
“The 1st to 3rd (Cross River State Government, Cross River State House of Assembly and Attorney General of Cross River State) defendants are hereby restrained from implementing the provisions of the said law,” he said.