Justice Oyebiola Oyewumi of the Lokoja Division of the National Industrial Court has dismissed the claims for constituency allowance and severance benefits.
The court dismissed the claim on Wednesday on the basis that it lacked merit.
The case is between former Kogi State House of Assembly members, Hon. Aliyu, and five others against the Speaker of the Kogi State House of Assembly and three other defendants.
Background
The former lawmakers, in their claims, argued that they were entitled to constituency allowances for the years 2018 and 2019, which were left unpaid.
They also contended that the Speaker’s promises of payment and subsequent delays resulted in the initiation of constituency projects, which were, however, left incomplete due to a lack of funds.
Moreover, they alleged that their severance package was denied upon the expiration of their tenure in 2019.
They expressed how they felt discriminated against based on their political affiliations, even though some of them belonged to the same political parties as the Assembly speaker.
In response, the defendants, argued that the monies in question were intended for constituency projects and not personal allowances.
They maintained that if there were omissions in constituency allowance payments, they should be disbursed to the current members of the House to carry out projects in their respective constituencies.
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Court’s Decision
Following a thorough evaluation of the submissions from both parties, Justice Oyewumi delivered her judgment.
The court ruled that the former lawmakers failed to provide credible evidence of contracts awarded to carry out constituency projects during the disputed years.
It emphasized that the judicial powers vested in the court do not empower it to interfere in the internal affairs of legislative houses.
She held that the contention of the constituency allowance, which was being sought by the claimants, is intended for the benefit of constituents and not a personal emolument or entitlement of a legislator.
Furthermore, the court emphasized that the mere inclusion of constituency allowances in the budget does not automatically confer a right to every lawmaker, especially those who are no longer holding office, unless they can demonstrate that they executed constituency projects during the relevant period.
Justice Oyewumi held that the claimants, Aliyu and five others, failed to present any recommendation or guidelines issued by the Revenue Mobilization or any relevant instrument that would grant them the sum claimed as severance benefits.
