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Kogi drags AGF, NASS to Supreme Court over Assembly crisis


 Attorney General of the Federation, Abubakar Malami (SAN)

Attorney General of the Federation, Abubakar Malami (SAN)

Kogi State government has taken the Attorney General of the Federation (AGF) and the National Assembly before the Supreme Court, seeking for an order nullifying the resolution by the federal House to take over the legislative functions of the state legislature.

The Kogi State House of Assembly was ordered to be opened by the AGF and the Minister of Justice, Abubakar Malami (SAN), after it was sealed by the House of Representatives.

The crisis, however took a different twist as the Kogi State government represented by its Attorney General and the state House of Assembly, under Order 3 Rule 5 of the Supreme Court, filed a suit on April 29, 2016 before the Supreme Court, to challenge the House of Representatives’ resolution to take over the Assembly.

The plaintiffs in the suit (Kogi State government) with number SC.340/2016, is asking the Supreme Court to declare that the House of Representatives’ resolution was passed in breach of Section 11(4) of the Constitution.

While the National Assembly is first defendant in the suit, the AGF is the second defendant.

Kogi State Government also urged the apex court to nullify the resolution, while contending in their statement of claim that “the factional disagreement” between members of the House of Assembly was normal in a democracy.

The plaintiffs also hinted that the crisis started on February 16, 2016, following a disagreement between two factions in the Assembly over the speakership position.

They stated that following the disagreement, a faction of the House of Assembly‎ filed the suit, FHC/LKJ/CS/16/16 (Kogi State House of Assembly & 3 Ors V National Assembly & 2 Ors.

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