The lawmakers were opposed the dethronement of Emir Muhammad Sanusi II, by the speaker of the House, Abdulaziz Gafasa
The lawmakers are: Labaran Abdul Madari, APC representing Warawa Constituency, Bello Bututu, APC, representing Rimin gado/Tofa Constituency, Isyaku, PDP Gezawa, Garba Yau APC Kunci/Tsanyawa and Maje Gwangwazo PDP, representing Kano municipal.
The News Agency of Nigeria (NAN) reports that on March 16, the assembly had suspended five members over alleged involvement in snatching a mace during plenary, while hearing a motion for the investigation and dethronement of former Emir Sanusi.
The lawmakers in an originating summons urged the court to declare their suspension as a violation of Section 109 of the 1999 Constitution as amended.
They said that the section stipulates and guarantee their tenure in office.
The five lawmakers had opposed to a motion for investigation and dethronement of the former 14th Emir of Kano on March 16 leading to a fight at the assembly.
Nuraini Jimoh, Counsel to the lawmakers, said that the suspension contravenes article 13 of the African Charter on people’s and human rights and Section 109 of the Constitution.
The presiding Judge, Justice Lewis Allagoa, however, agreed with the submission of the counsel to the lawmakers.
Allagoa, in his judgement, said that the suspension was unconstitutional, null and void.
He also ordered the Speaker and the Kano State House of Assembly to pay salaries and allowances of the five suspended members.
Counsel for the speaker and the assembly, Mr Marcelenious N. Duru, had earlier urged the court to dismiss the prayers made by the plaintiffs.
“I am satisfied with the court verdict, the truth had resurfaced at the end of the day,” Madari told newsmen.
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