The Vacancy of a Legislative Seat: A Case Study of Hon. Aliyu Kagara of Zamfara State House of Assembly
The Zamfara State House of Assembly, the legislative arm of the Zamfara State government in Nigeria, recently declared the seat of one of its members, Hon. Aliyu Ango Kagara, vacant. This decision, rooted in constitutional provisions and internal house rules, stemmed from Kagara’s persistent absenteeism from legislative proceedings. His absence, documented as attendance at only 21 out of 180 sittings, triggered a series of events culminating in the declaration of his seat’s vacancy. This case underscores the importance of consistent participation in legislative duties and the consequences that can arise from neglecting such responsibilities. It also highlights the procedures followed by the Zamfara State House of Assembly in addressing such matters.
Kagara represented the Talata Mafara South Constituency in the Zamfara State House of Assembly. He was a member of the All Progressives Congress (APC) and served as the Minority Leader before the declaration of his seat’s vacancy. The motion to declare his seat vacant was presented by the Majority Leader, Hon. Bello Muhammad Mazawajje Tsafe, and seconded by the Deputy Speaker, Hon. Adamu Aliyu Gummi. The motion cited Kagara’s prolonged absence from legislative sittings, a clear violation of the Nigerian Constitution and the standing rules of the House. These rules and constitutional provisions mandate consistent participation of elected representatives in legislative activities, ensuring effective representation of their constituencies and the smooth functioning of the democratic process.
The motion to declare Kagara’s seat vacant received widespread support from other members of the Assembly. Several members, including Hon. Kabiru Mikailu Dangulbi (Maru South), Hon. Rilwanu Marafa Nagambo Anka (Anka), Hon. Ibrahim Garba Liman Fegin Mahe (Gusau II), and Hon. Adamu Aliyu Gummi (Gummi II), voiced their agreement with the motion, emphasizing the necessity of upholding the House rules and the Nigerian Constitution. Their support underscored the seriousness with which the Assembly viewed Kagara’s absenteeism and their commitment to maintaining the integrity of the legislative process.
Despite the overwhelming support for the motion, some members advocated for alternative disciplinary measures. Hon. Halliru Kuturu (Zurmi East) urged the House to consider other options besides declaring the seat vacant. This plea reflected a desire to explore less drastic measures while still addressing Kagara’s absenteeism. However, the majority of the House favored upholding the established rules and constitutional provisions regarding attendance.
Prior to the final decision, the Zamfara State House of Assembly made several attempts to engage with Kagara and resolve the matter amicably. Various committees were formed to communicate with him and address his reasons for absenteeism. These attempts demonstrate the House’s commitment to due process and its willingness to explore all possible avenues before resorting to declaring the seat vacant. However, despite these efforts, the attempts to reach a resolution proved unsuccessful.
Ultimately, the Speaker of the House, Bilyaminu Moriki, announced the decision to declare Kagara’s seat vacant. This decision was anchored in Sections 101 and 109(2) of the Nigerian Constitution, which provide the legal framework for such actions in cases of persistent absenteeism. The Speaker’s announcement marked the culmination of a process that highlighted the importance of adherence to constitutional provisions and internal house rules in upholding the integrity of the legislative process. The declaration of Kagara’s seat vacant serves as a reminder of the responsibilities that come with holding elected office and the consequences of failing to fulfill those responsibilities. It also underscores the Zamfara State House of Assembly’s commitment to upholding the principles of accountability and transparency in its operations. The subsequent steps, which likely include a by-election to fill the vacant seat, will further demonstrate the state’s adherence to democratic processes.
