Respite is coming the way of the people of Kabba (Owe) in the Kabba/Bunu LGA of Kogi state as a Youth Leader, public affairs analyst and activist, Omoluabi Olabode Adeyemi approached a Lokoja High Court on Tuesday, 18th November, 2014 through an originating summons pursuant to order 3 rule 9 of the federal high court (civil procedure) rules 2009 and seeking the interpretation of the section 91 and 112 of the constitution of the federal republic of Nigeria 199 as amended.
In a summons taken out by Babatunde Adebayo (esq) of Babatunde Adebayo & Co against the Independent National Electoral Commission (INEC) upon the suppressed Kabba constituency in the Kogi State House of Assembly thereby depriving the people of the suppressed Kabba constituency the fundamental human right of representation in the Kogi State House of Assembly since the return to democracy in 1999.
The plaintiffs are seeking the true interpretation of section 91 and 112 of the 1999 constitution and the following orders as per their claims.
1. A declaration that the Kogi state House of Assembly is not properly constituted or composed as required by section 91 and 112 of the constitution of the federal republic of Nigeria (as amended)
2. A declaration that having regards to the provision of section 91 and 112 of the constitution of the federal republic of Nigeria (as amended) the defendant acted improperly and unfairly in refusing or failing to include the suppressed KABBA constituency in Kabba/Bunu LGA of Kogi state among the names of the suppressed state constituencies it forwarded to National Assembly for approval and restoration.
3. An order directing the defendant to comply with the provision of section 91 and 112 of the 1999 constitution of the federal republic of Nigeria (as amended) by restoring the illegally and unfairly suppressed KABBA state House of Assembly constituency in Kabba/Bunu LGA of Kogi state to bring the composition of the Kogi state House of Assembly in line with the provisions of the constitution.
4. An order of the honourable court directing or compelling the defendant to restore the suppressed KABBA House of Assembly constituency in Kabba/Bunu LGA of Kogi state forthwith.
It will be recalled that the Kabba state constituency was created and existed in the then Bunu Ijumu and Kabba LGA which has a total of three state constituencies then. The plaintiff also argued that the Kabba constituency was last represented by the late Hon Solomon Abioye in 1992 at the Kogi state House of Assembly.
Omoluabi Adeyemi insists that he has gone through the relevant section of the constitution, electoral acts and the act setting up the INEC and that INEC is only vested with powers by law to delineate state constituencies, organize, undertake, conduct and supervise all elections to the House of Assembly of each state and not in any form to suppress or conceal any existing constituency. He further aver that the people of his constituency have been unfairly treated and grossly misrepresented in the last fifteen years of democratic governance by suppressing or denying them the fundamental human right of representation on the floor of the Kogi state House of Assembly.
It will be recalled that similar cases have happened in Oju LGA of Benue state in 2007, Ogbadibo LGA OF Benue state in 2012, Ugheli LGA Delta state in 2014, Idoko North LGA Delta state in 2014 and Olamaboro LGA of Kogi state in 2014 with all the cases decided in favor of the plaintiffs.
