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Opinion News: Suspension of House of Assembly Members by Fellow Members and State Speaker Is Wrong in Law

Francis Xavier
Last updated: May 16, 2024 8:38 am
By Francis Xavier
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Activist Samuel Ihensekhien Junior has condemned the suspension of Rt. Hon. Matthew Omonade from legislative duties by the Speaker of the Delta State House of Assembly as illegal, unconstitutional, arbitrary, null, and void. Ihensekhien stated that the Delta State House of Assembly speaker lacks the legal power and right to suspend a lawmaker democratically elected by the people.

By this unjustifiable act, the Delta House of Assembly speaker clearly infringes on the rights of the suspended member to represent his constituents. Ihensekhien pointed out that Nigerian courts have consistently held that the disciplinary powers of legislative houses, like the Delta State House of Assembly, do not extend to reckless suspensions. He further cited the case of BAUCHI STATE HOUSE OF ASSEMBLY & ORS v. GUYABA (2017) LPELR-43295(CA), where the Court of Appeal agreed that the suspension of a House of Assembly member for three months was illegal.

Recently, the court also took a similar view in the case of Akinribido v Ondo State House of Assembly. Ihensekhien questioned the basis on which the Speaker of the Delta House of Assembly derives his power to suspend a fellow House of Assembly member, labeling the act as laughable, unjustifiable, illegal, and clearly unconstitutional.

The News Agency of Nigeria reports that the Speaker of the assembly, Dennis Guwor, announced the suspension of Rt. Hon. Omonade Matthew at a plenary in Asaba on Tuesday. Mr. Omonade’s suspension was sequel to a motion of urgent importance moved by the Majority Leader, Emeka Nwaobi (PDP-Aniocha North).

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ByFrancis Xavier
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Editor/Political analyst and 9News Nigeria Abuja correspondent.
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