The Incorporated Trustees of Community Action for Grassroots Transformation (CACRAT), has dragged Gov. Abubakar Bello of Niger State, the State House of Assembly, Bar. Absullahi Bawa-Wuse, the Speaker and 29 Others before the Niger State High Court over the proposed state character bill.
The Attorney General of Niger State, was among those that dragged before the court.
This was contained in the court’s processes filed by Mr Mohammed Ndayako MCIArb on behalf of CAGRAT and obtained by the press in Minna, Niger state.
CAGRAT is mainly challenging the constitutionality of the bill, saying that the Niger State House of Assembly has no power to legislate on the bill.
“The Niger State House of Assembly has no powers to legislate on the subject matter of the bill,” he said.
According to Ndayako, it is covered in the exclusive legislative list of the constitution pursuant to Section 4(7), 14(4) and item 60(a) on the exclusive legislative list of the constitution.
“Section 197 and 202 of the 1999 Constitution, State Civil Service Commission was established for the appointment and to exercise disciplinary control of Civil servants in the State.
“And in the exercise of its constitutional powers, the State Civil Service Commission shall not be subject to control or direction by any person or authority.
” Therefore, the Niger State House of Assembly also lacks the legislative competence to legislate on matters already covered by the constitution,” he said.
Ndayako said that the provisions of the proposed bill on ‘Who is an indigene’ of Niger State also contradicts the provisions of Sections 25, 26 & 27 of the 1999 constitution on citizenship and to the extent of inconsistency.
“The proposed State Character Commission Bill is null and void because the Niger State House of Assembly cannot make laws to contradict the provisions of the constitution,” he added.
It would be reported that there is an application for a restraining order against all the parties from taking any steps on the bill pending the hearing and determination of the case before the Court.
It would also be reported that the case is slated for 29th September, 2021 for hearing before High Court No.3 Minna.
