By: James Gbudu
A Vacation Court sitting in Makurdi, the Benue State capital and presided by Justice Elizabeth Kpojime would on 22nd August, 2016 hear a motion brought by Kester Terna Kyenge (PDP), the suspended member of Benue State House of Assembly representing Logo State Constituency. Kyenge has approached the court pursuant to Orders 39 Rules 1 and 3 , 44 Rule 4 and 57 Rules Rules 1 and 5 of the Benue State High Court (Civil procedure) Rules 2007, Section 26 and 27 of the High Court of Benue State CAP 75 Laws of Benue State 2004 and the inherent jurisdiction of the Honourable court. He is seeking for interpretation of Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Article 7 and 13 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP A9 Laws of the Federation of Nigeria 2004 and Paragraph SR10(1)(2)(3)(4)(5)(a)(B)(C)(D) of The Benue State House of Assembly Standing Rules Adopted on 10th July, 2012. The PDP lawmaker was suspended on 21st July, 2016 following a resolution by the Benue State House of Assembly for what the House termed "Wanton and blazen behaviour." According to the resolution of the House, which this medium obtained, Kester's suspension is premised on the ground that he gave false information to Channels Television in an interview that the Benue State House of Assembly leadership were involved in fraud of Seven Hundred and Fifty Million Naira and that last year, he granted an interview to the same Channel Television and gave false information that Governor Samuel Ortom bribed Honourable Members with Prado jeeps and Five Million Naira each to influence them to elect the Governor's choice speaker. According to the resolution, the action of the suspended lawmaker has eroded the "Integrity of the House. Consequently, the House resolved that by this wanton and blazen behaviour, you should proceed on five months suspension from any House/Legislative activities." When the matter came up, counsel to Kyenge, Innocent Da'Gba indicated interest to seek leave of court to amend his originating process and to deem same as properly filed and served vide Motion Number MHC/4246M/2016. Meanwhile, the respondents including Benue State House of Assembly, Terkimbi Ikyange, Benjamin Adanyi, Torese Agena have filed a motion through their counsel, F.B Mnyim seeking an order of court to strike out Kester's originating process. However, the respondents' counsel was not ready to proceed because he said he was just served in court Kester's application to amend his originating process. Justice Kpojime consequently adjourned the matter to 22nd August, 2016 for hearing of motion.

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