The recent action of the Kwara State House of Assembly stopping the lawmaker elected on the platform of Peoples Democratic Party from entering the chamber has continued to draw reactions from lawyers.
Members of the PDP in the state had on Tuesday stormed the state assembly to protest against the decision of the leadership of the House to stop Agboola from Ilorin South State Constituency from entering the assembly complex.
Agboola become the only member elected on the platform of the PDP, after a court of appeal verdict.
Speaking with journalists at the assembly complex, Agboola said the House had been denying him entry since he got his certificate of return from INEC last Thursday.
He said, “As we all know, the Appeal Court is the last destination for the House of Assembly election petitions process. Its ruling has declared me winner. I started from the tribunal. I have my certificate of return from the INEC national headquarters, Abuja. The INEC in Kwara did the official presentation.
“According to the process , I have to come to the House in person to do documentation with the Clerk of the House in order to ratify and verify the genuineness of the certificate.
“This is our third time of coming here. Since last Thursday that the certificate was issued, then Friday and today, they did not attend to us. The Speaker, the Clerk and all of them have made themselves unavailable. We have been patient, telling our supporters not to be violent. This is the House we built. I served here between 1999 and 2003.
“We got here by 8 am today (Tuesday), the security personnel said the Speaker would address us when he comes. We said there’s no need for any address but entry into the House.”
However, the Special Adviser on media to the Speaker, Kwara State House of Assembly, Mr. Ibrahim Sherrif said the sacked honourable, AbdulAzeez Oluwanilo has approached the Federal High Court for a review of the judgement of the Appeal court.
“The Chairman house Committe on information addressed him, and what they told him was that a court notice. Hon. Nilo (AbdulAzeez Oluwanilo)
is seeking an order that the House of Assembly Speaker and Clerk should not inaugurate Hon. Agboola (AbdulRaheem Agboola).
“We recieved the court process last week. He should wait till when we know the outcome of the court summon. Then we can go ahead with whatever we are to do. The House of Assembly is ready to abide by the law, but they want him to be patient a bit.”
LAWYERS’ REACTION
Senior Ibrahim esq.
“If the question as posted is correct, the position as allegedly maintained by the Hon. Speaker is with due respect in correct. I will like to draw inspiration from the provision of Section 287 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides that the decisions of the Court of Appeal shall be enforced in any part of the Federation by all authorities and persons (including the of the speaker and the institution he represents) and by courts with subordinate jurisdiction (High Court of a state inclusive) to that of the Court of Appeal.
“Once the certificate of judgment of the Court of Appeal which is the final appellate court on the matter and the latest certificate of return issued by INEC is served on the Speaker, he becomes duty bound to comply with it, failure of which, there is a consequence in law, if followed up.
“The position as postulated could have made more sense if there is a motion for stay at the Court of Appeal or Supreme Court, but an application to the High Court which can not sit on an appellate jurisdiction on a matter already decided by the Court of Appeal. The appropriate thing is to swear in the person with the certificate of return and if INEC at any time withdraws it, he swears in, whoever INEC recognizes because they are all recognized by INEC.
“E.Cs certificate of return and not applications filed in court. It is my own view that the house of assembly will not be in contempt of the proceedings of the High Court by giving effect to the judgment of the Court of Appeal, except the High Court expressly gives an order to that effect.”
AJ Edun esq.
“Notwithstanding any application for review of any judgement before federal High court
The Decision of the court of appeal must be complied with because the decision of the court of Appeals decision is final as far as election petition as relate to any member of House of Assembly is concerned
Whatever the outcome of the review of the federal high court might it can’t never override the decision of the court of Appeal.
“And the both Hon Nilo and co. are doing is delibrate time buying which is against the judgement of the court of appeal.”
Murtala Sambo esq.
“The matter is not what any any public analyst or commentator can just speak on. One needs to be a lawyer before he/she can speak on the issue so that one would not be speaking outside the constitution.
“The court of appeal is the final tribunal in regards to house of Assembly electoral petitions and it has given a verdict that Hon. Agboola should be sworn in as a member representing Ilorin south constituency. What the court used in determining it’s judgment is the primary election conducted by APC, initially the person who won the primary does not possess the certificate.
“Hon Agboola took the man to the petition claiming he does not have a certificate. Now eventually the man did not contest for the election because, the mandate was given to another person who actually has a certificate to back himself up.
“Eventually the contestant with the certificate later sue the contestant without a certificate to the federal high court saying that he won the election, the federal high court later affirmed his position and asked INEC to recognise him as the rightful winer of the primary election.
“When the petition got to the tribunal, the tribunal ruled that no primary election was conducted and there was no proper substitution which is an intra-party affair within the APC. This same judgment was ruled by the court of appeal.
“What is happening now is called judicial review, Hon Abdul Azeez and it’s party now decided to take INEC, the house and Hon Agboola himself to court, what they are asking the court to do is that is it possible they would not hear the judgment that affirms Hon Abdul Azeez has the right contestant for the post. The court is to determine that. Another prayer is that can INEC recognize another person even based from the judgment of the court of Appeal has a member representing Ilorin south constituency, when in the actual sense the person that the court of Appeal granted the rule in it’s favour that he did not participate in the election and he did not participate in the federal high court judgment that substituted the contestants. This is another fresh case, it is not an appeal rather a judicial review and this review would be determined by the court.
“In the actual sense, the court is to determine must INEC recognize the person, does the house have the outright power to recognize him and substitute him using the court of appeal judgement. If the matter gets to court, it is expected that all parties involved should not make any statement pending the time the case is determined at the federal high court. There is a judgement on ground, which is the judgment of the court of appeal in respect to the tribunal now there is a process of court challenging those who would implement the judgment passed saying the don’t have the power to implement it. No matter how frivolous or unlikely a matter can look like, the provision of the law is that the court must determined it first before any step can be taken. This case is similar with the Sen Kalu’s case, having filed an appeal against the judgement, no one can take any step even the national assembly can’t stop his salary. It is like no judgement is on ground, if there is an appeal to any judgment, it nullifies the previous judgement.
“If at the end of the day, Hon Agboola is substituted now and the judgement does not favor him would he be replaced again. This is the confusion that court wants to avoid. The house of assembly has received the process of court and that is why they can’t sworn in Hon Agboola despite the court of appeal ruling. Assuming there was no appeal, Hon Agboola would have been sworn in. After the whole review at the Federal high court, if the judgement favors the APC, the PDP would go to the court of appeal to appeal the judgement. The supreme court would now come in place to bring clarity between the two confusing judgement.
“The issue is a very serious and technical thing. The best way to say it is that they are two judgment on ground and the are confusing. The tribunal which ended at the court of appeal claims that they were no proper substitution while the federal high court ruled that there was a proper substitution. Now the judicial review is to determine whether there was a proper substitution or not.
OD Jimoh esq,
Chairman Arewa Young Lawyers forum.
“The decision of the house suspending swearing in of Agboola, a member of PDP after being declared winner by the Court of Appeal ilorin is unconstitutional, reckless, irresponsible, rediculous and illegal.
“The court of Appeal is a final court in National Assembly and state houses of Assembly election petitions matters. The court notice served on the speaker Kwara state house of assembly can’t operate as stay of execution.
“Federal High Court and other courts of equal jurisdiction can’t sit on appeal over the judgment of court of Appeal. High Court can’t reverse the decision of Court of Appeal.
“INEC has followed the directive of the court of appeal by issuing certificate of return, the speaker of the house is duty bound to follow the judgment of the court instead of engaging in this show of shame.
“I will charge Mr Agboola to file contempt of court processes against the speaker so as to face music for his disobedience to order of the court. No one is above the law.”
Lanre Abdul esq.
“The court process is just a motion not an order of the court. Only order of the court can stop the Speaker from swearing Hon. Agboola in. A motion can be abandoned by who so ever that filed it.
“Check section 246 sub 3 of the Constitution of the federal republic of Nigeria as amended. And a case of Democratic Party against Peter Obi and other as reported in 2011.