The Speaker, Kwara State House of Assembly, Dr Ali Ahmad, yesterday described the comment credited to the Attorney General of Federation and Minister for Justice, Abubakar Malami that the Inspector General of Police, Solomo Aranse should disregard the National Assembly's directive on the crisis rocking Kogi State Assembly House of Assembly as inappropriate.

He said the constitution had clearly stipulated that if any assembly cannot carry out its legislative business or such legislative duty would lead to break down of law and order, the National Assembly was empowered by resolution to take over the function of such parliament.

The Attorney General of the Federation and Minister of Justice, Abubakar Malami had advised the Inspector General of Police to disregard a National Assembly resolution to seal the Kogi State House of Assembly, saying the legislative body erred in its resolution. Malami in a reply to the advice requested for by the IG, said the National Assembly erred, noting that Kogi legislative crisis was a mere misunderstanding between legislators with no implication for the wider security of the state as envisaged by the constitution which could lead to "take over" of a state house of assembly.

According to him, "careful reading of the factual situation" envisaged under Section 11(4), which can give rise to a "take-over" decision by the National Assembly in respect of the affairs of a State House of Assembly revealed that it must be by "reason of the situation prevailing in the state. "The Constitution, in my opinion, presumes that the general security situation in the State should have deteriorated to the extent that the House of Assembly finds it difficult or impossible to operate or exercise its normal legislative activities.

"Section 11(4) is therefore, not meant to address mere issues of disagreement between legislators within the State House of Assembly, since it is recognized that such disagreements or disputes are normal incidences within the democratic governance space. The 1999 Constitution therefore never presumed that every disagreement within a State Legislature would be visited with the sanction of National Assembly legislative oversight."

The Senate had concurred with the earlier resolution of the House of Representatives to take over the Kogi Assembly and asked the police to seal the assembly complex. The complex had since been under lock, following the directive. The National Assembly had intervened in Kogi legislative crisis after the emergence of two persons parading themselves as Speakers. Momoh Lawal was declared impeached by five of the 25-member Assembly on February 16, leading to the emergence of Umar Umar.

Some lawmakers insisted Lawal remains Speaker, while others supported Umar. Dr Ahmad said the Attorney General had no judicial power to give such directive. He added that it was only the court by virtue of Section 6 of the Constitution that could make pronouncement on the disputed matter of this nature. The speaker said it was very unfortunate that somebody could nullify appropriate decision taken by the resolution of 469 members of the National Assembly. "It is in appropriate for somebody sitting down in his comfort to say what is happening in Kogi is mere misunderstanding thereby condemning the resolution of 469 wise men of the National Assembly".

He said the National Assembly should take necessary action on the matter, adding that "we will not sit down as members of the state assembly and watch our colleagues or the legislature being interfered with". He said although APC had not provided any platform for members of the party to air their views on the matter, there was the need for stakeholders in the APC to find solution to some of those embarrassing situations. Commenting on the controversy surrounding the 2016 budget, he called on President Muhammadu Buhari to assent the budget without further delay in the interest of the country.

Dr Ahmad said the uncertainty that was accompanying the signing of the budget has negative effect on the nation's comatose economy. He said some of the controversial issues surrounding the passage and signing of the budget were not new, but the section 81 (4) of the Constitution had covered the present situation. He said "section 81 is to the effect that the budget be signed and controversial areas be addressed later through supplementary budget. "Why do we need to delay the sufferings of Nigerians on matters which the constitution had solved? We call loudly on Mr President to please sign the budget.