Senate: Between the Serious and the Ridiculous

 Lollygagging

Our country Nigeria never ceases to amaze me. So many ridiculous things have taken centre stage, while those that are most crucial, of the utmost importance, have been relegated to the back burner. It is April, 2017, and the 2017 budget has not been passed, yet the Senate wastes precious time, lollygagging on irrelevancies like what clothes the Comptroller General of Customs wears to work, and summoning Professor Itse Sagay, SAN, Chairman of the Presidential Advisory Committee Against Corruption, because he made statements about the Senate that did not go down well with them.

Senator Peter Nwaoboshi, PDP Senator from Delta North had asked his ‘distinguished’ colleagues not to burn daylight on inviting Prof Sagay, but rather face important national issues. I concur. His request was however, turned down. Prof Sagay was invited. He failed to honour the invitation, stating that he was entitled to express his opinion and the invitation from the Senate is unconstitutional.

Freedom of Expression

If my memory serves me right, Section 39(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010) (the Constitution) which guarantees freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference, is still sacrosanct and has not been repealed. Prof Sagay is well within his rights to express his opinion about the Senate, good or bad.

Nigeria is not a police state. No institution or body should constitute itself as a bully, just because it has been criticised. Part of the essence of democracy is being able to enjoy the fundamental rights provided for by Chapter 4 of the Constitution, freedom of expression being one of them. The Senate as the highest law making body of the land, should more than anyone else, know this.

Section 88 of the Constitution gives power to the Senate and the House of Representatives to conduct investigations in accordance with Section 88(2)(a) & (b), and one may say that the power to summon can be brought under this provision. However, the expression of contrary opinions about the Senate, is certainly not one of the reasons why either of the legislative houses can summon people. Any invitation from the legislature or summons which does not fall within the purview of the purposes as defined in Section 88(2) of the Constitution, is invalid (OBAYUWANA v ALLI 1983 12 SC 147 at 191-192).

Senator Ndume’s False Allegations

Also, the case of Senator Ali Ndume’s suspension from the Senate for 180 days. I do believe that Ndume’s false allegations against the Senate President, Dr. Bukola Saraki and Senator Dino Melaye were made ‘mala fide’. In fact, I found the so-called allegations against Dr. Saraki especially amusing and ludicrous. As for that of Senator Melaye, it seemed slightly more believable, since this is not the first time that we have been faced with the no certificate saga in the legislature. I am sure we all recall

‘Buhari-Gate’, that is, Salisu Buhari, the Speaker of the House of Representatives who was impeached in 1999 for forging a ‘Toronto’ University Certificate! However, Senator Ndume must have been disappointed when the VC of Ahmadu Bello University, Zaria, confirmed that Senator Melaye did indeed, graduate from the institution… albeit with 3rd Class Honours.

However, these allegations could have been easily verified by Senator Ndume beforehand, instead of him taking the sensational route which he chose, and which resulted in his failure and embarrassment. His actions showed him to be picayune, at best. Could it be that Senator Ndume was bearing a grudge because of his removal as Senate Majority Leader?

Matters Arising:

Length of Suspension

That said, there are certain matters arising from Senator Ndume’s purported 6 months’ suspension. The Federal High Court had held in the unreported case of DINO MELAYE & ORS v HOUSE OF REPRESENTATIVES, that the indefinite suspension of the Plaintiffs in that case, was illegal and unconstitutional, on the grounds that a legislator could not be suspended for a period of more than 14 days. The powers of the Senate to suspend its members seems to derive from its Internal Rules. However, aside from the fact that the Senate is subject to the jurisdiction of the court and its decisions, the Senate Rules are subject to the provisions of the Constitution.

While Section 1(1) of the Constitution provides for its supremacy and bindingness on all authorities and persons throughout Nigeria, which obviously includes the Senate and Senators, Section 1(3) provides that if any law is inconsistent with the Constitution, the Constitution shall prevail, and such law shall, to the extent of its inconsistency with the Constitution, be void.

Entitlement of all Constituencies to NASS Representation

Aside from the fact that every constituency is entitled to representation in the two houses of the National Assembly, Section 42 of the Constitution provides for freedom from discrimination. By giving Senator Ndume a 6 months suspension, it means that his constituents shall be unrepresented in the Senate for that period of time. Their exclusion amounts to discrimination against them, as their entitlement is being withheld from them for 6 months.

Ali Ndume’s embarrassment before Nigerians as a result of making those unsubstantiated allegations against his colleagues, is enough punishment. He actually referred to the internet and social media on the floor of the Senate. It is common knowledge that half of what you read on social media, is unverified sensational nonsense, and for a Senator of the Federal Republic of Nigeria to use that as part of the basis for his comments, is laughable. It just shows the level at which many of those that are purportedly ruling Nigeria are. Not too high.

Unconstitutional Disciplinary Action

However, the disciplinary action taken against Senator Ndume, even if it is in accordance with the Senate Rules, is unconstitutional. All Nigerians are entitled to representation at all levels of the legislature, and to the extent that a particular Senate Rule provides that it can punish any of its members and deprive his/her constituents from representation for such a long period of time, such a Rule is inconsistent with the Constitution and consequently, void. The Senate should have also taken Ndume’s innocent constituents into consideration, while meting out his punishment.

I am certainly not holding court for Senator Ndume, but I am concerned about his constituents. Being from an area that is in the line of fire of Boko Haram, anything can happen at anytime. They need 24-7 representation in both Houses. The Senate should have considered this.

Suggestion

Like Senator Nwaoboshi said, the Senate should channel its energies to burning national issues that require immediate attention, like ensuring that the 2017 budget is reviewed, adjusted and passed forthwith (it would do a lot of good if the percentage allocated to recurrent expenditure in the budget is reduced, while that of the health and education sectors, for instance, are increased), dealing with the issue of the Resident Electoral Commissioners, getting a Bill like the Petroleum Industry Bill which has been hanging for so long passed as soon as possible, coming up with economic reform bills and resolving uncompleted bills, possibly investigating the management of NDDC on the allegation of Prof Sagay’s Committee that it bought 70 vehicles using funds meant for the provision of infrastructure for the Niger Delta, looking at the power sector which continues to be a challenge, addressing the issue of the Governors and the Security vote, improving the lot of their constituents who are dying from hunger and poverty….the list is endless.

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