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… describes it as unconstitutional
From Jude Owuamanam Jos
Member-elect of the Plateau State House of Assembly, Nanbol Daniel, has said that the over two months recess imposed on the Assembly by the Speaker, Gabriel Dewan, is unconstitutional.
Daniel, elected under the Labour Party (LP) to represent Langtang North Central, said that the move was a deliberate attempt to delay their swearing in as elected members of House of Assembly
Daily Sun had reported that the Court of Appeal sitting Abuja had sacked 16 members of the assembly elected on the platform of Peoples Democratic Party (PDP) citing lack of party structure.
Shortly before the judgment, the then speaker Moses Sule resigned and Dewan was elected to head the legislative arm and immediately announced a recess that would last till January 24, 2024.
Daniel, a former member that represented the same constituency in the 9th assembly told newsmen in Jos that the two months recess is against the letters and law of Section 104 of the 1999 Constitution as amended.
He said that the timetable of legislative business of PLHA was developed in line with the provision of Section 104 of the 1999 Constitution as amended, which stated that the House of Assembly must sit for a period of not less than one hundred and eighty one days in a year.
Moreover, the lawmaker said that having 16 honourable members-elect with certificates of return is already a matter of public interest in line with Order five Rule two.
Daniel said, “Any motion, resolution or bill that is in prejudice to Section 104 will not fly.
“I am sure the speaker knows all the relevant sections in the constitution and the house order because he has been trained during orientation.
“The speaker has turned the Standing Order of Plateau State House of Assembly upsidedown on reasons best known to him.
“Inasmuch as dissolution and proclamation has been done by Governor Caleb Mutfwang, the 16 honourable members-elect have no business to write the Clerk of the House regarding oath of house of assembly member and oath of allegiance.
“In the absence of majority leader, it is the minority leader in this case, that will liaise with the speaker in accordance to Order 5, Rule 2 to reconvene the house,” he explained.
He said that the quorum of a House of Assembly explicitly stated in Section 96(1) shall be one third of all the members of the house as seven members can convene an extraordinary meeting to address any emergency matter of public interest in line with Order five of the Assembly.
