News

April 12, 2016

Kogi Assembly crisis: Disregard NASS, AGF tells IG

Malami, open grazing

Abubakar Malami (SAN) . Photo by Gbemiga Olamikan

THE Attorney  General of the Federation and Minister of Justice, Abubakar Malami, has advised the Inspector General of Police to disregard a National Assembly resolution to seal the Kogi State House of Assembly, saying the legislative body erred in its resolution.

On March 17, the Senate concurred with the resolution of the House of Representatives to take over the Kogi Assembly and asked the police to seal the assembly complex.

The complex has since been under lock, following the directive.

The National Assembly had intervened in Kogi legislative crisis after the emergence of two persons parading themselves as Speakers.

Momoh Lawal was declared impeached by five of 25-member Assembly on February 16, leading to the emergence of Umar Umar.

Some lawmakers insisted that Mr. Lawal remains Speaker, while others supported Mr. Umar.

While the police had since complied with directive of the National Assembly, the police boss sought legal opinion from the minister of Justice via a letter dated March 18.

In his reply, Mr. Malami said the National Assembly erred, noting that Kogi legislative crisis was a mere misunderstanding between legislators with no implication for the wider security of the state as envisaged by the constitution which could lead to “take over” of a state house of assembly.

According to him, “careful reading of the factual situation” envisaged under Section 11(4), which can give rise to a “take-over” decision by the National Assembly in respect of the affairs of a State House of Assembly revealed that it must be by “reason of the situation prevailing in the state.

”The Constitution, in my opinion, presumes that the general security situation in the State should have deteriorated to the extent that the House of Assembly finds it difficult or impossible to operate or exercise its normal legislative activities.

“Section 11(4) is therefore, not meant to address mere issues of disagreement between legislators in the State House of Assembly, since it is recognized that such disagreements or disputes are normal incidences within the democratic governance space.