The Presiding Judge, Lokoja Judicial Division of the National Industrial Court, Hon. Justice Oyebiola Oyewumi has rejected the constituency allowance and severance benefit claims filed by former House of Assembly members, Hon. Aliyu and 5 others against the Speaker Kogi State House of Assembly and 3 others for lacking merit.
The Court ruled that Constituency allowance is for the benefits of the constituent and not for personal benefits or entitlement of a Legislator.
The court also added that the fact that it is provided for in the budget does not mean that it is an entitlement of every lawmaker especially one who is no longer active in legislative capacity.
The claimants- Hon. Aliyu and 5 others had submitted that they were all former members of the Kogi State House of Assembly in the 6th Assembly, and claimed entitlement to their Constituency allowances for the years 2018 and 2019 which were not paid to them.
In defense, the defendants – the Speaker Kogi State House of Assembly and 3 others averred that Hon. Aliyu and 5 others cannot lay claim to the sum of money due to the fact that what was contained in the budget was constituency projects and not personal allowance as such, the monies if available goes to the current members of the House to enable them to carry out the projects.
Meanwhile, Justice Oyewumi held that Hon. Aliyu and 5 others have not placed any Recommendation or Guidelines issued by the Revenue Mobilization or any instrument before the Court which entitles them the sum claimed as severance benefits.
