Plateau  Ex-Speaker Asks Court To Declare His Impeachment Illegal

Yakubu Busari

In a suit No,PLD/J/476/2022 ,Rt.Hon .Nuhu Ayuba Abok , a former speaker of the Plateau  State house of assembly, has approached a state high court to declare his impeachment as “unconstitutional and illegal”.

Abok  in a suit filed before a high court sitting in Jos the Plateau state capital, listed the State house of assembly, Speaker ,Rt.Hon. Yakubu Sanda & 7 others, the current speaker, as first, second, and seventh defendants, respectively.

On October, 2021, Nuhu Ayuba Abok was removed from his position and suspended indefinitely  and his seat was declared vacant by the members of the state Assembly .

According to his counsel,Barr. Dalong Dankat Amos disclosed that his client Ayuba Abok was illegally removed as the speaker after a group who constitute themselves sat down during unusual hours to plan the impeachment saga.

However, being dissatisfied with the procedure and not meeting the required guidelines for his impeachment on the 23rd of October 2023 the matter came up for hearing and we filed for an adjournment to enable us to amend the charges, he said.

He said,” the sudden death of Henry Dagogol member representing Quanpan North State constituency at state 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 decried 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 Yakubu Sanda , of conniving with  governor of the state, of colluding with a few lawmakers to impeach him.

Ayuba Abok was later replaced with Yakubu Sanda , a lawmaker representing Pengana constituency, as illegal and unconstitutional when Nigerians, condemned the impeachment of Ayuba as political witch-hunting.

In the court document seen by our correspondent, among other reliefs, the impeached speaker is asking the court to reinstate him as a 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.”