This come as a result of Rep. Kolubah’s Bill of Information filed before the Justice in Chamber to determine adherence to the agreement made when at the time Justice Joseph N. Nagbe was in Chamber yet did not obey the court order.
During the ruling on Thursday, August 11, 2021, Justice Jamesetta Howard Wolokollie said due process is a fundamental right of every individual and is cardinal.
"Due process is an integral and significance part of our law and jurisprudence with the essential elements being noticed and an opportunity given an individual to be heard and defend himself in an orderly proceedings adapted to the nature of the case," Justice Wolokollie said.
Justice Wolokollie said that it is the court role to ensure that all branches and agencies of government adhere to the rule of law and constitution.
“This court envisions that no circumstances would warrant the violation of one's due process rights by any individual agency or functionary of government," she stressed.
She pointed out that the bill of information will lie to prevent a judge or any judicial officer who attempts to execute the mandate of the Supreme Court and any one whosoever from interfering in the judgment of the Supreme Court.
The Justice in Chamber furthered that the House of Representatives did not afford Rep. Kolubah due process as agreed upon in the conference held on July 15, 2022 and violated the mandate sent by Justice Nagbe.
" The House of Representatives has willfully withheld District #10 Representatives salary and benefits for June 2021 contrary to the court mandate," the Justice in Chamber stated, adding that the action of the Honorable House being violated to the court mandate then the bill of information will lie.
It can recalled that Rep. Kolubah filed a writ of Prohibition against the House of Representatives of not according him due process and was suspended for 16 meeting days without receiving his salary and benefits.
On that, he filed a petition for prohibition to the Justice in Chamber during that time. Justice Nagbe called both parties for a conference of which the House of Representatives conceded that they did not afford Rep. Kolubah his due process right as required by law before suspending him without pay and benefits.
As a result of the petition file, the Chambers Justice mandated the House to pay all monies to the lawmaker, thereby restoring his rights and privileges to receive his salary, benefits including gas and special allowances but failed to do so.
He later filed a bill of information to the Supreme Court informing the Court that the House of Representatives has refused to pay his salary arrear and other benefits, despite a mandate from the Court ordering the restoration of his full benefits and rights as a lawmaker.