Court restrains NASS, others from ‘interfering’ in Bauchi assembly crisis

Bauchi State High Court has restrained the House of Representatives and others from interfering or taking over the Bauchi State House of Assembly.

The court, presided over by Justice Mu’azu Abubakar, gave the order following suit No. BA/298M/2019 filed by 15 members of the Bauchi State House of Assembly through their lawyers, Jibrin S. Jibrin Esq, A.S Idris Esq and U.K Adam Esq.

The applicants joined the National Assembly, the Speaker, House of Representatives, Femi Gbajabiamila, the Clerk, House of Representatives, the Chairman of the House of Representatives ad hoc Committee on Bauchi State House of Assembly crisis, Musa Sarkin Adar, and other members of the committee as respondents.

Other respondents in the suit included the Clerk of the National Assembly, the Inspector General of Police, Director General of the Department of State Services, Commissioner of Police, Bauchi State, Director, Department of State Services (DSS) Bauchi State Command and the Governor of Bauchi State, Sen. Bala Abdulkadir Mohammed.

The order read in part: “Upon hearing the Motion Ex-Parte dated 19th July, 2019, affidavit in support, as well as the written address brought pursuant to Sections 36 and 46 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 7 (1) (a) of the African Charter on Human and Peoples Rights (Ratification and Enforcement)  Act, L.F.N 2004, Order 4 Rule 3 and 4 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 and under the inherent jurisdiction of this Hon. Court praying for interim reliefs:

The Judge noted: “That an order of interim injunction be and is hereby made maintaining the Status Quo Ante Belium between the parties in this suit as at Thursday 18th July, 2019, pending the hearing and determination of the Motion/Substantive application filed in this matter.”

Justice Mu’azu Abubakar adjourned the case to October 3, 2019, for Motion on Notice.

The Sarki-Adar led committee which held public hearing on the crisis in the Bauchi assembly and received no fewer than 28 petitions and memos was expected to submit its report.

It would be recalled that the Bauchi State House of Assembly was thrown into confusion and crisis when elected members held parallel inaugurations leading to the emergence of two speakers.

While Abubakar Y. Suleiman was elected by 13 members with the clerk of the house presiding over the sitting inside the assembly complex, the factional Speaker, Kawuwa Shehu Damina, was elected outside the assembly complex by 18 members under the symbol of a mace.