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ENetSud Drags Kwara State House of Assembly Over Ultra Vires

The embattled civil society organisation duly registered as Elites Network for Sustainable development (ENetSuD) has dragged the Kwara State House of Assembly to court over the unlawful contract appointment and elongation Hajia Halimat Jummai Kperogi’s tenure as a clerk of the House which was moved by the lawmakers on March 30th, 2022.

The ENetSud in a pre-litigation letter dated 4th April 2022 addressed to the Speaker, handed the legislature a 14-day ultimatum to reverse, revisit and rescind the contracted appointment, threatening legal action.

“TAKE NOTICE that failure of the House to right the wrong within 14 days from the service of this letter on the House, we shall not hesitate to take other necessary actions/steps allowed by the law.”

However, a senior staff of the legislature who spoke in confidence said the action was procedurally justified.

“The House may be morally wrong but absolutely in line procedurally as an independent arm with its own internal rules that govern its activities.

The ENetSud lawyer filed the lawsuit at the State High Court in Ilorin, Kwara State in suit no KWS/199/2022, a copy of the Originating Summons, which was personally prepared and signed by Barr. Lukman Raji is praying/seeking the court against the respondents (Kwara State House of Assembly, Kwara State House of Assembly Commission, the Speaker, Kwara State House of Assembly, Kwara State Government, Kwara State Governor, Attorney General of Kwara State and Hajia Halimat Jummai Kperogi) for the following reliefs:

“A DECLARATION that by section 9 of the Kwara State House of Assembly Service Commission Law, 2018 (as amended) only a serving Civil servant on grade level 17 and above can be appointed as the Clerk of the Kwara State House of Assembly.

“A DECLARATION that section 9 of Kwara State House of Assembly Service Commission Law 2018 (as amended) was not complied with in the appointment of Hajia Halimat Jummai Kperogi, the 7th Respondent and a retired Civil Servant as the Clerk of Kwara State House of Assembly by the 1st Respondent under the leadership of the 3rd Respondent.

“A DECLARATION that the appointment of Hajia Halimat Jummai Kperogi, the 7th Respondent and a retired Civil Servant as the Clerk of Kwara State House of Assembly by the 1st Respondent under the leadership of the 3rd Respondent for 6 months at first instance and for another one year in the second instance respectively by the 1st Respondent resolutions of 12th October 2021 and 30th March 2022 or any other date as the case may be are null, void and ultra vire the 1st Respondent.

“A DECLARATION that the 1st to 6th Respondents lack vires to release or use Kwara State resources to fund, pay or remunerate the unlawful and/or illegal contract appointment of Hajia Halimat Jummai Kperogi, the 7th Respondent and a retired Civil servant as the Clerk of Kwara State House of Assembly or any other name(s) or person(s) whatsoever called in Kwara State.

“A DECLARATION that the Kwara State House of Assembly Service Commission Law 2018 (as amended) does not recognize the purported contract appointment of Hajia Halimat Jummai Kperogi, the 7th Respondent and a retired Civil Servant as the Clerk of Kwara State House of Assembly or any other name or person whatsoever called in Kwara State and the creation or appointing of such is therefore unlawful and illegal.

“AN ORDER setting aside the purported appointment of Hajia Halimat Jummai Kperogi, the 7th Respondent and a retired Civil Servant as the Clerk of Kwara State House of Assembly or any other name(s) or person(s) whatsoever called.

“AN ORDER of this Honourable court restraining the Kwara State House of Assembly and Kwara State House of Assembly Commission (the 1st and 2nd Respondents) from according and/or giving recognition to the illegal contract appointment of Hajia Halimat Jummai Kperogi, the 7th Respont and a retired Civil Servant.

“AN ORDER directing the 7th Respondent (Hajia Halimat Jummai Kperogi) to refund, pay back and/or return all money, salaries, benefits and other advantages taken in her capacity as Contract Appointed Clerk of the Kwara State House of Assembly to the State Treasury.

“AN ORDER directing the 1st to 6th Respondent jointly or severally to supervise and ensure refund to the State Treasury all fund, remunerations and benefits already paid to the 7th Respondent (Hajia Halimat Jummai Kperogi) as a Contract appointed Clerk of the Kwara State House of Assembly.

The 21st day of July 2022 is fixed for the hearing of the lawsuit.

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