Dino Melaye Vs House Of Assembly - NASS

Brief of the battle.

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Court nullified Dino Melaye and co suspension,Dino Melaye storms House, stopped by Security Operatives

Honourable Melaye and ten other members were placed on indefinite suspension following a brawl on the floor of the house.The aggrieved lawmakers had accused speaker, Dimeji Bankole of corruption and asked him to resign.

A federal high court in Abuja had nullified the suspension of members of the House of Representatives who accused the speaker of misappropriation. The court declared their suspension since June as illegal, unconstitutional, null and void, and of no effect.

Delivering judgment in the matter brought by Dino Melaye, Independence Ogunewe, Solomon Ahiwinahwi, Bitrus Kazeh, Abba Anas Adamu and Austin Nwachukwu, presiding Judge Adamu Bello, held that the House has no powers to suspend any member beyond 14 legislative sitting under sections 24 of the Legislative Act and privileges Order 5 (1) Sub-rule 2 and 3 and Rule 3 of the House.

Mr Bello said although the sections only allowed the House to suspend an errant member for two weeks, the plaintiffs were suspended indefinitely. "They cannot be shut out forever, because they are representing their people," he said. He noted that this is a breach of the House rules and of the constitution.

Reacting to the judgment, chairman of the House Committee on Media and Public Affairs, Eseme Eyiboh, said they have not been served with the court judgment so the suspended lawmakers will keep serving their punishment until the House studies the situation to decide whether to appeal the judgment or not.

The affected lawmakers were suspended on June 22, for allegedly accusing Speaker Dimeji Bankole of misappropriating N9 billion between 2008 and 2009. The event that led to their suspension was followed by a rowdy session in which they struggled to seize the maze, leading to a fracas in which many were wounded. Mr. Melaye, who was the arrowhead of the group which called itself the Integrity Group, had his clothes torn and he also sustained injuries.

In their joint motion, argued by Femi Falana, the lawmakers insisted that they were elected for tenure of four years and that the Speaker had no right to cut the tenure short for any reason. They claimed that their suspension has denied their respective constituencies of representation in the lower chamber of the National Assembly. They prayed the court to set aside the suspension pending the final determination of their main suit.

In his defence, the Speaker of the House urged the court to dismiss the motion of the suspended lawmakers as frivolous and lacking in merit. Mr Bankole argued that what the suspended lawmakers were seeking was a shortcut to justice, adding that there would be nothing left for the court to adjudicate upon once the embattled lawmakers resumed their seats.

Wole Olanipekun, counsel to Mr Bankole, told the court that Mr Melaye and his group were suspended from the House because of their unruly behaviour and the un-parliamentary condition in the house the day they were suspended.

He observed that the lawmakers goofed in their claims that the House has no power under the constitution to suspend them.

One of the suspended members, Mr Nwachukwu, withdrew his case against the Speaker of the House, on the premise that his family and his constituents have directed him to terminate the case in the interest of peace.

Two of the suspended members; Ehiogie Idahosa (Edo State) and Olugbenga Onigbogi (Osun State), were, recently, recalled after more than three months.

The judge said that the plaintiff were not given fair hearing as provided for by Section 36 of the 1999 Constitution and that the House acted outside its powers by placing them on indefinite suspension instead of 14 days which the law provided for. He said the House ought to have referred the offence to the House committee on privileges and petition where they would have been given the opportunity to defend themselves.

"On this ground, I thereby nullify the suspension of the plaintiffs, it is null and void and it has no effect because something cannot be placed on nothing. I hope this judgment will facilitate the process of reconciliation and lasting peace in the House", Mr Bello said.

The national leadership of the ruling People's Democratic Party (PDP), had earlier directed the 11 suspended members to withdraw their case against the House.

At a meeting between the group and the national working committee of the party led by its chairman, Okwesilieze Nwodo, on August 4, the suspended lawmakers were told that the only way the party could intervene was for them to ask their lawyer to stop the case.

Dino Melaye resumes plenary

Embattled leader of the self-styled 'Progressives' in the House of Representatives, Honourable Dino Melaye has resumed in the National Assembly.

Honourable Melaye who was prevented from entering the National Assembly complex on Tuesday, entered into the House of Representatives chamber at about 2:35 in the afternoon without a word from the security operatives in the National Assembly.

Clad in grey suit and a brown tie, the embattled leader of the progressives in the House of Representatives, Honourable Dino Melaye appeared ready to take on anyone trying to stop him from entering the chamber.

The Deputy Speaker, Honourable Usman Nafada, who presided over the plenary session, explained that the House was only obeying the ruling of the Federal High Court, Abuja.

The court had nullified the suspension of Honourable Melaye and other members of the progressives and described the suspension as tyranny of the majority.

Melaye's previous attempt was met by stiff opposition by law enforcement agents at the National Assembly. But this time, he took his seat and received pleasantries from some of his colleagues.

In spite of the dramatic twist, the House has insisted that the matter will be followed to its logical conclusion.

It referred the matter to the ethics committee while the house awaits the decision of the ethics committee, Honourable Melaye and his colleagues will continue enjoy the privileges of the house

PREVIOUS STORY: Latest report reaching Channels Television says that Honourable Dino Melaye has finally gained entry into the House of Representatives chamber.

Melaye walked into the chamber, unhindered, exchanged pleasantries with some fellow lawmakers for about five minutes before leaving.

He later told journalists outside his office that this was victory for democracy and demonstrates that he is free to walk into the chamber.

It is not yet clear if the House leadership has finally accepted to allow him and the other ten lawmakers who were suspended to resume their legislative sitting.

It could be recalled that the suspension of the Melaye led 'Progressives' was nullified by the Federal High Court in Abuja on Thursday, declaring that the order was illegal and unconstitutional.

The 10 members, who were suspended on June 22, include Honourables Melaye, Independence Ogunewe, Solomon Awhinahwi, Bitrus Kazeh, Abbas Anas, Austin Nwachukwu, Gbenga Onigbogi and Doris Uboh, with four of them already recalled.

The National Assembly complex was on Tuesday locked, hereby preventing Hon. Dino Melaye's entrance into the chambers.

House spokesman:Honourable Eseme Eyibo says Melaye's claim is undemocratic

The House of Representatives spokesman, Honourable Eseme Eyibo, has denied the claim of Honourable Dino Melaye's obstruction from entering the House of Representatives on Tuesday, as undemocratic.

Mr Eyibo says, the notice of appeal and the motion of stay filed by counsel to the House, means that, they return to status quo and which by interpretation means a return to the status before the ruling of the federal high court.

Eyiboh denied the siege was in response to Mr Dino's return, even though he insisted they do not have a right to enter the Assembly's complex.

Mr Eyibo said their lawyers have filed an appeal to the court judgment and also applied for a stay of execution and that there is a "locus clasicus" that when a case is on appeal, nobody is supposed to take further steps to actualise the contended ruling.

"It is always in the interest of justice that once there is a motion for a stay of execution and a notice of appeal, all the parties must return to the status quo," Mr. Eyibo said.

"The basis of the gentlemen coming to resume does not arise because there is a motion for a stay of execution and a notice of appeal," he said.

NOW,WHAT NEXT...................................WATCH OUT FOR PART 4

Bankole refuses to pay Melaye, others salaries

SPEAKER of the House of Representatives, Mr. Dimeji Bankole, yesterday firmly informed Dino Malaye and six other members who were suspended last June that he won’t release their salaries and other allowances, saying the case was still in court.

The speaker said allowing the lawmakers to attend plenary was an act of magnanimity, but that it would amount to contempt of court should they be paid their entitlements, as the matter was still pending in court.