28th October, 2013
A Kaduna High Court has fixed 6 December for ruling on the case brought by Alhaji Muazu Gangara challenging his removal as speaker of the Kaduna State House of Assembly.
The News Agency of Nigeria (NAN) reports that the case was first mentioned on 23 October during which the Judge, Justice Dogara Mallam ordered all parties to the case to be properly served.
At the resumed hearing on Monday, counsel to the defendants, Yunus Usman sought for the dismissal of the case, saying that the court lacked jurisdiction to entertain it.
He told the court that they had filed a notice of preliminary objection on 7 October challenging the continuation of the case.
According to him, the removal of the former speaker was purely an internal disciplinary action which the assembly has a right to do.
He further argued that the step taken by the House was in line with section 2851 of the 1999 Constitution.
Usman said the section was clear on the type of election cases that could be brought before a court of law.
He averred that the former speaker and other principal officers, were party to the resolution of the assembly on 14 August when a one month ultimatum was issued to them to either improve their leadership style or be removed.
In his submission, counsel to the plaintiff, Samuel Atung, urged the court to dismiss the submissions of the defendants, arguing that the current position of the law regarding a section of the Constitution was very clear.
Atung also argued that the members who purportedly voted to remove Gangara did not form the required quorum as provided under section 92 (C) of the Constitution.
He therefore called on the court to dismiss the objections of the defendants and to hear the case on its merit.
Justice Mallam, who did not respond to the objections raised by the counsel, ordered them to submit their submissions to the court for accelerated judgement.
The judge said he would suspend his other engagements to attend to the case, and fixed 6 December for judgement.