A Federal High court sitting in Kano has declined to grant an application for a stay of execution order filed by the speaker of Kano State House of Assembly to restrain its suspended members from resuming their legislative duties.
The court insisted that its judgement that restored them is subsisting and it cannot grant any order to halt it pending the determination of appeal.
The state Assembly had suspended five of its members from the House, and the Federal High Court presided by Justice Ambrose Lewis Allagoa declared the suspension of the lawmakers as a violation of their rights to legislative participation, thereby ordering the State Assembly and its Speaker to pay the suspended members their salaries and legislative entitlements.
The suspended House of Assembly members, namely Garba Yau Gwarmai, Labaran Abdul Madari, Muhammad Bello Butu Butu, Isiyaku Ali Danja, and Salisu Ahmad Gwangwazo had approached the court, praying that their suspension be squashed, and the federal court granted their prayers.
The state House of Assembly reacting to the verdict of the court, on June 11th filed a notice of appeal, applying to the court to grant a stay of execution, pending the determination of their appeal to a higher court, but the presiding judge Justice Ambrose Lewis Allagoa ruled that where an appeal has been filed against the verdict of the court, the court ceases to have jurisdiction to entertain an application for stay of execution when record of the court had been compiled and transmitted to the Court of Appeal.
The court said the application should have been made to the Court of Appeal in that instance.