Calabar, Nigeria – The Calabar Division of the Industrial Court has declared the Cross River State Special Allowances Law No. 2, 2023, for some Public Office Holders Law unconstitutional, invalid, null and void and of no effect whatsoever.
Converseer reports that the law stipulates special allowances to former Governors, Deputy Governors, Speakers and Deputy Speakers.
According to The Beagle News, the presiding judge, Justice Sanusi Kado, in a landmark judgment with SUIT NO. NICN/CA/23/2023, delivered on December 12, 2024, restrained the Cross River State Government, Cross River State House of Assembly (CRSHA) and the Attorney General of Cross River State from implementing the provisions of the said law.
Recall that in the SUIT NO. NICN/CA/23/2023. Rt. Hon. Mkpanam Obo Bassey Ekpo, Hon. Godswill Eki, and Hon. (Dr) Bassey Ibor (for and on behalf of former members of CRSHA) are applicants, while the Government of Cross River State, Cross River State House of Assembly, Attorney-General, Rt. Hon. Larry Odey, Rt. Hon John Gaul Lebo, Rt. Hon. Maurice Ways Evey, Rt. Hon. Gabriel Edi, Hon. Gabriel Ogbudu Ada, Rt. Hon. Mike Idoko Ogar, Rt. Hon. Bassey Ewa, Rt. Hon. James Omor Egbeji, Rt. Hon. Francis Busam Adah, Rt. Hon. Orok Otu Duke, Rt. Hon. Itaya Asuquo Nyong, Rt. Hon. Dominic Aqua Edem, and Rt. Hon. Patrick Antigha Ene (joined by Order of Court dated January 31, 2024) as defendants.
In the judgment vide amended originating summons filed on June 19, 2023, the claimants seek the resolution of the following questions, including “Whether in view of the Judgment of this Honourable Court delivered in Suit No. NICN/CA/117/2020: THE RT. HON. LARRY OKORI-ODEY V. THE GOVERNOR OF CROSS RIVER STATE & 2 ORS. the Cross-River State House of Assembly has the constitutional legislative power, authority and/or vires to enact CROSS RIVER STATE SPECIAL ALLOWANCES for some PUBLIC OFFICE HOLDERS LAW, NO. 2, 2023?
“Whether the CROSS-RIVER STATE SPECIAL ALLOWANCES for some PUBLIC OFFICE HOLDERS LAW, NO. 2, 2023, is valid under section 124 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and if the answer is in the affirmative, Whether the inclusion of the Speakers and Deputy Speakers, to the exclusion of other Hon. Members, is not discriminatory and in bad faith?
In anticipation of a favourable resolution of the questions posed for determination in their favour, the claimants sought the following reliefs including a declaration that by the clear and unambiguous provisions of Section 124 (5) of the Federal Republic of Nigeria, 1999 (as amended) and the judgment of this Honourable Court delivered in Suit No. NICN/CA/117/2020: THE RT. HON. LARRY OKORI-ODEY V. THE GOVERNOR OF CROSS RIVER STATE & 2 ORS, the inclusion of the Hon. Speakers and Deputy Speakers in the CROSS RIVER STATE SPECIAL ALLOWANCES for some PUBLIC OFFICE HOLDERS LAW NO. 2, 2023 invalidates the Law, the Cross River State House of Assembly being divested of such legislative powers.
“An order declaring null and void, illegal and unconstitutional the CROSS-RIVER STATE SPECIAL ALLOWANCES for some PUBLIC OFFICE HOLDERS LAW, NO 2, 2023, the CROSS-RIVER STATE GUBERNATORIAL PENSION LAW, NO. 2, 2005, its subsequent AMENDMENT NO. 4 and LAW NO.7, 2018.
“A declaration that the Cross-River State House of Assembly is only empowered constitutionally to make a valid law that would provide allowances/pensions out of the Consolidated Revenue Fund of the State Governors and Deputy Governors only without breaching or expanding the provisions of the Constitution so empowering it.
“A declaration that any inclusion of the Hon. Speakers and Deputy Speakers invariably includes other Hon. members, all members being equal, having been so elected on the same platform from their different constituencies into the Cross-River State House of Assembly in like manner with the Governors and Deputy Governors.
“A declaration that the CROSS-RIVER STATE SPECIAL ALLOWANCES for some PUBLIC OFFICE HOLDERS LAW NO. 2, 2023 is discriminatory of all other Hon. Members not included, and an infringement on their rights and entitlements, being co-equal with the Speakers and Deputy Speakers.
“An order of injunction restraining the 1st defendant through the Executive Governor and his appointees from implementing the CROSS-RIVER STATE SPECIAL ALLOWANCES for some PUBLIC OFFICE HOLDERS LAW, NO. 2, 2023, the CROSS-RIVER STATE GUBERNATORIAL PENSION LAW, NO. 2, 2005, its subsequent AMENDMENT NO. 4 and LAW NO.7, 2018.
“Any other orders as this Honourable Court shall deem fit in the circumstances of this case.”
Ruling in part, Justice Kado said: “The House of Assembly must at all times, in carrying out their constitutional duty, refrain from abusing the power of making law to make laws for their selfishness aggrandisement to the detriment of the tenant of the law.
“The lawmakers must always, when exercising their powers of law making, remember that they were not elected to make laws that are beneficial to themselves and neglecting their responsibility in executing their legislative function for the good of the society.
“In view of my finding that the Law No. 2 of 2023 was not legally made, I hereby declare the said law unconstitutional, invalid, null and void and of no effect whatsoever.
“The 1st to 3rd (Cross River State Government, Cross River State House of Assembly and Attorney General of Cross River State) defendants are hereby restrained from implementing the provisions of the said law. With this finding, the issue of discrimination has become academic and moot, and courts are not meant to dissipate energy in engaging in academic exercise.
“Judgment is hereby entered accordingly. I make no order as to cost. Parties to bear their respective costs.”
Dr Emmanuel Idaka, Esq; represented the claimants, Udenyi Omaji Esq.; Senior State Counsel, Ministry of Justice, Calabar, for the 1st to 3rd defendants, and Prof. Jacob A. Dada Esq; for the 4th to 16th defendants, appearing with Bassey Long Esq.
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