A Senior Advocate of Nigeria, (SAN) Sebastian Hon, has described the impeachment procedure of the Speaker of Kogi State House of Assembly as a flagrant breach of the Constitution of Nigeria.
Speaking on Channels Television’s Sunrise Daily, the lawyer revealed that the number of lawmakers that sat to pass the revolution is less than two-third of all the members of the house.
“Even if they claim that more than one-third are firing a notice of allegation, the number that sat to pass the revolution is less than two-third of the legality of all the members of the House of Assembly in accordance with section 188 sub-section 4 of the constitution,” he said.
Mr Hon emphasised that “the number to look at is the totality of the membership of the House of Assembly and not the number sitting at a particular time.”
The Senior Advocate faulted the Nigerian judicial system saying there is a lacuna in the law.
He pointed out that when there is an intervention from the judiciary in such a case, the status quo has to be maintained, which is the status quo ante bellum (the state existing before the war), allowing the former Speaker to continue speaking until the judiciary determines the issue.
Five lawmakers in a 20-member House sat on Tuesday and purportedly impeached the Speaker, Honourable Momoh Jimoh.
The lawmakers also chose Umar Imam as the new Speaker of the House.