Hammed Shittu in Ilorin
Kwara State Revenue Court in Ilorin yesterday declared the suspension of a member representing Edu state constituency, Hon. Saba Yisa Gideon, by the Kwara State House of Assembly as illegal, unconstitutional, and null and void.
The state House of Assembly had suspended the lawmaker on December 18 last year for three months for allegedly recording proceedings of a meeting of the Assembly without consent and forwarded same to unauthorised persons.
Dissatisfied with his suspension, the embattled lawmaker dragged the Speaker, the House of Assembly, Rt Hon. Yakubu Danladi-Salihu, and other respondents to court to seek redress.
Delivering his over one-hour judgement yesterday in Ilorin, the presiding Judge of the court, Justice Muritala Folorunsho, said the suspension of the applicant by the respondents through a motion without notice was a procedural breach of his rights.
Justice Folorunsho added that: “I declare that the purported suspension of the applicant from the performance of his legislative duties as elected representative of Edu state constituency of the Assembly by the respondents for three months carried out on December 18, 2025, on the allegation of having been found to have recorded proceedings at a meeting of members of the House without consent and forwarded same to an unauthorized person is not covered by the provision of Legislative Houses, Powers and Privilege Act Item 17 Order 4, Rule 15 of the rules of Kwara State House of Assembly 2019. And therefore, unconstitutional, unlawful, illegal, null and void, and of no legal effect.
“I declare that the combined effect of Section 36 (1) of the Constitution of the Federal Republic of Nigeria, Section 14 of the Legislative Houses, Powers and Privileges Act of 2017, Order 4, Rule 15 of rules of the state House of Assembly 2019, the purported suspension of the applicant from the performance of his legislative duties, functions and responsibilities as a member and elected representative of Edu State Constituency in the state House of Assembly for three months by the respondents carried December last year is unconstitutional, unlawful, null and void and of no legal effect.
“I also declare that his purported suspension amounts to unlawful and illegal denial of the constitutional rights of the applicant.”
He also said: “I set aside the purported suspension of the applicant for three months from the performance of his legislative duties, functions, and responsibilities.
“I grant injunction restraining the respondents-their agents, servants, privies and or any person on the authority of and or under the instructions of the respondents from giving effect to the purported suspension of the applicant or stopping or resisting or in any manner or way interfering with the applicant in the performance of his legislative duties, functions and responsibilities in the state House of Assembly.
“I grant injunction restraining the respondents, their agents, servants, privies and or any other person on the authority or under the instructions of the respondents giving effect to the purported suspension of the applicant or stopping or resisting or in any manner interfering with applicant’s right to enter the premises, chambers of the applicant’s assigned office, committee rooms or and any place in the Kwara state House of Assembly necessary for the performance of his legislative duties, functions and responsibilities as an elected representative of Edu state constituency.
“I grantan injunction restraining the respondents from stopping payment or refusing to pay all the salaries or entitlements that came to the applicant as a member and elected representative of the Edu state constituency in the state House of Assembly or in any way or manner due to the purported suspension of the applicant.
“I direct the respondents to pay and settle all the accrued salaries and entitlements due and payable to the applicant as a member and elected representative of Edu state constituency in the state House of Assembly for any period that the respondents made it impossible for the applicant to discharge his parliamentary duties and responsibilities.”
He added that “parties are to bear their respective costs.”
