Between Hon Owhefere and Hon Danna

Let me make this clear from the onset. I speak not for the former Majority Leader of Delta State House of Assembly, Hon Tim Owhefere. I do not sympathize with him in any way. He probably deserves his impeachment and subsequent indefinite suspension from the House.

I am however concerned about the constitutionality and legality of his indefinite suspension and the fate of his constituency.

Earlier in a Facebook post, I had asked if a state House of Assembly had power to suspend a member indefinitely. One comment to that post got me thinking. The contributor answered in the affirmative that a state House of Assembly has power to suspend a member indefinitely provided it is a majority decision.

But I think the case of Hon Rifkatu Samson Danna, representing Bogoro Constituency of Bauchi State in 2012 is instructive.

Hon Dana, the only female and Christian in the House, was given indefinite suspension from Bauchi House of Assembly in 2012. She went to court. Bauchi State High Court No 7 presided over by Chief Judge of the State, Justice Ibrahim Zango upturned the House decision and ordered for her immediate reinstatement. The court held that her suspension was unconstitutional.

The case went on appeal and Appeal Court also ruled that no legislative House had the power to suspend a member even for a single day because that would amount to denying his/her constituency the right of representation.

Now, it appears Delta State House of Assembly is threading the same path.

Like I said earlier, I do not care one bit for the impeached and suspended Hon Tim Owhefere. As far as I am concerned the chicken came home to roost and it probably serves him right.

However, we should worry when law makers turn themselves to law breakers. The court verdict in the case of Hon Danna out to serve as precedent to members of Delta House of Assembly.

And for whatever it is worth, let me say that if you say that it was unconstitutional for President Buhari to say that VP Osinbajo would coordinate the government in his absence, and you remain eloquently quiet about the indefinite suspension of Tim Owhefere by Delta House of Assembly, then I say you are being hypocritical.

Na so I see am