By Godwin Otang
Former members of the Cross River State House of Assembly have approached the National Industrial Court in Calabar, seeking an order of injunction to stop the implementation of allowances for some public office holders in the state.
The order of injunction if secured will stop the State Governor, House of Assembly, and the Attorney-General of the state who are joined as respondents, from further implementation of the Cross River State Special Allowances for some public office holders law of 2023.
Consequently, Rt Hon. Mkpanam Obo Bassey, Hon. Godswill Eki, and Hon. Bassey Ibor who are the applicants in suit no. NICN/CA/23/2023 on behalf of former members of the State House of Assembly is seeking 6 reliefs including a declaration of the Cross River State Special Allowances for some Public office holders’ law as null, void, illegal, and unconstitutional.
In the originating summons the applicants prayed to the Court for “a declaration that by the clear and unambiguous provisions of section 124 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Judgement of this Honourable Court delivered in suit no. NICN/CA/117/2020 (Rt. Hon. Larry Okori-Odey, the governor of Cross River State and 2 others), the inclusion of the Hon. Speakers and Deputy Speakers in the Cross River State Special Allowances for Some Public Office Holders law of 2023 invalidates the law.
Also, they are seeking an order declaring “null and void, illegal and unconstitutional the Cross River State Special Allowances For Some Public Office Holders law of 2023, the Cross River State Gubernatorial Pension Law, No. 2, 2005, its subsequent amendments.
“A declaration that The Cross River State House of Assembly Is only empowered constitutionally to make a valid Law that would provide allowąnces and Pensions out of the consolidated revenue fund of the State for Governors and Deputy Governors only without breaching or expanding the provisions of the Constitution so empowering it.”
Other reliefs sought by the applicants also include “a declaration that any inclusion of the Hon. Speakers and Deputy Speakers invariably include other Honorable Members, all members being equal having been so elected on the same platform from their different constituencies intó 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 is discriminatory of all other Honorable Members not included, and an infringement of their rights and entitlements, being co-equal with the Speakers and Deputy Speakers.
“An injunction restraining the 1% defendant through the Executive Governor and his appointees from implementing the Cross River State Special Allowances for Some Public Office Holders law of 2023, the Cross River State Gubernatorial Pension Law of 2005, its subsequent amendments.”
The respondents are expected to appear in court or cause an appearance to be entered for them for this summons 8 days after the summons is served, counting from the day they are served the summons.
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