The Presiding Judge, Lokoja Judicial Division of the National Industrial Court, Hon. Justice Oyebiola Oyewumi has dismissed the constituency allowance and severance benefit claims filed by former House of Assembly members, Hon. Aliyu and 5 others against the Speaker Kogi State House of Assembly and 3 others for lacking merit.
The Court ruled that Constituency allowance is for the benefits of the constituent and not a personal emolument or entitlement of a Legislator, and the fact that it is budgeted for does not mean that it is a right of every lawmaker especially one who is no longer occupying the position and have not been able to show that they carried out any Constituency project during the relevant period.
Justice Oyewumi held that Hon. Aliyu and 5 others have not placed any Recommendation or Guidelines issued by the Revenue Mobilization or any instrument before the Court which grants them the sum claimed as severance benefits.
From facts, the claimants- Hon. Aliyu and 5 others had submitted that they were all former members of the Kogi State House of Assembly in the 6th Assembly, and claimed entitlement to their Constituency allowances for the years 2018 and 2019 which were not paid to them.
They further averred that based on the promises made by the Speaker that they would be paid in due course citing fundamental omission, they initiated constituency projects using known contractors which were mobilized to their respective sites of the projects in their respective constituencies without any cash backing and projects reached an advanced stage but were abandoned due to lack of funds, and all effort to get their entitlements were to no avail.
They further stated that they were denied their severance package upon the expiration of their tenure in 2019, and continued that they have been discriminated against on the grounds of their peculiar political interest even though some of them belong to the same political parties as the Assembly speaker.
In defense, the defendants – the Speaker Kogi State House of Assembly and 3 others averred that Hon. Aliyu and 5 others cannot lay claim to the sum of money due to the fact that what was contained in the budget was constituency projects and not personal allowance as such, the monies if available goes to the current members of the House to enable them to carry out the projects.
They contended that if there was any omission in respect of payment of constituency allowance, such shall not be paid to persons who are no longer members but shall be disbursed to the current occupier as projects validly instituted shall be borne or paid for by the successive occupier of the constituency seat.
In opposition, the learned counsel to the former lawmakers submitted that any action of the Government that undermines the equal rights and privileges of the Legislative members approximate to discrimination and affront, and maintained that his clients have proved their case upon the preponderance of evidence and urged the court to grant the reliefs sought in the interest of justice.
In reply, the learned counsel to the State Assembly Speaker and 3 others, Atule Stanley Esq with O.G. Lamija Esq submitted that there is no legal justification to have the money for a whole constituency paid to one man who is no longer a representative of that constituency and who cannot be held accountable, and urged the court to dismiss the case.
Delivering the judgment after a thorough evaluation of the submission of both parties, the Presiding Judge, Justice Oyebiola Oyewumi held that Hon. Aliyu and 5 others have not placed any credible document before the Court to show that a contract was awarded to any contractor to carry out any Constituency project during the years in dispute.
Justice Oyewumi stated that if the former lawmakers want the Court to make a finding that they were discriminated against, they must proceed to lay before the Court all available evidence in that regard, that the judicial powers vested in the Court do not entitle it to interfere in the internal affairs of the Legislative House(s) including the way they conduct their business.
The Court ruled that Constituency allowance is for the benefit of the constituent and not a personal emolument or entitlement of a Legislator, and Hon. Aliyu and 5 others have not established that they have a vested right over the Constituency allowance especially when they are no longer members of the House.
