Legal Burden on Akpoti-Uduaghan’s Suspension

The six-month suspension slammed on the Senator representing Kogi Central, Natasha Akpoti-Uduaghan by the Senate contradicts the judgments of the courts on the suspension of Ali Ndume, Ovie Omo-Agege, Dino Melaye and other federal and state lawmakers, Ejiofor Alike reports

Despite the position of the Court of Appeal in the case of the Speaker of Bauchi State House of Assembly Vs Hon Rifkatu Samson Danna (2017) 49 W.R.N that a lawmaker is a representative of his people whose membership of the House is guaranteed by the Constitution and not by any other person or persons, the Senate and its leadership have continued to use suspension as an instrument to oppress, intimidate and whip lawmakers into line.

The Court of Appeal, while ruling on Danna’s suspension, had declared that “the conduct of the appellants (state lawmakers) is the tyranny of the majority against an elected minority of the Bauchi State House of Assembly.”

Sadly, the National Assembly has continued to ignore the position of the courts on suspension of lawmakers as the Senate Committee on Ethics, Privileges and Public Petitions last Thursday recommended a six-month suspension for the lawmaker representing Kogi Central Senatorial District, Senator Natasha Akpoti-Uduaghan, over her dispute with the Senate President, Senator Godswill Akpabio, following her alleged violation of the Senate’s rules.

A few hours after the committee submitted its report, the Senate quickly adopted the recommendations and slammed a six-month suspension on the lawmaker, depriving her senatorial zone representation in the Red Chamber, in violation of the Constitution, which guarantees that each of the 109 senatorial districts in the country shall be represented in the upper legislative chamber.

The lawmaker had earlier accused Akpabio of sexual harassment.

Her suspension for six months has raised legal issues as it is also in breach of various court judgments in the previous cases involving Senators Ali Ndume and Ovie Omo-Agege, as well as Dino Melaye and 10 other members of the House of Representatives, as well as Bauchi and Ondo states’ lawmakers.

Senator Abdul Ningi, representing Bauchi Central Senatorial District, and Chairman of the Senate Committee on Population, was also suspended in March 2024 for three months for alleging that the 2024 budget was padded to the tune of over N3trillion.

 Though the National Assembly had severally argued that it is part of its rules to suspend any of its erring members, Order 67 (4) of the Senate’s Rules states that an erring legislator can be suspended for only 14 days.

When the Senate on March 30, 2017, suspended Senator Ndume for 90 legislative days for not “conducting due diligence” before filing a petition against the then Senate President, Dr. Bukola Saraki, Justice Babatunde Quadri of the Federal High Court in Abuja nullified his suspension, declaring the action illegal, unlawful and unconstitutional.

Delivering judgment in the suit marked FHC/ABJ/CS/551/2017, which Ndume filed, the judge said the suspension was in violation of Sections 68 and 69 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 13(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 Laws of the Federation of Nigeria, 2004.

The judge consequently ordered the Senate to pay the plaintiff his outstanding salaries and allowances.

But on April 13, 2018, the Senate suspended Senator Ovie Omo-Agege representing Delta Central Senatorial District, for 90 legislative days over his comment that the National Assembly’s process of amending the Electoral Act 2010 seeking the re-ordering of the 2019 general election was targeted at the then President Muhammadu Buhari.

Again, Justice Nnamdi Dimgba of the Federal High Court in Abuja nullified the suspension, saying that while the National Assembly has the power to discipline its erring members, a legislator could not be suspended for more than 14 days. 

He ordered that all the entitlements and allowances due to the lawmaker be paid to him.

Similarly, the House of Representatives had in 2010 suspended Dino Melaye and 10 others for submitting a petition to the Economic and Financial Crimes Commission (EFCC), alleging criminal diversion of funds by the Dimeji Bankole-led leadership of the House.

But in a suit filed at the Federal High Court in Abuja through their lawyer, Mr. Femi Falana (SAN), the court held that under the rules of the House, it cannot suspend a member for more than 14 days. 

In 2020, an Ondo State High Court annulled the indefinite suspension of a member of the Ondo State House of Assembly, Tomide Akinribido, by the assembly leadership.

In the build-up to the 2020 Ondo State governorship election, the state assembly suspended four lawmakers:  Akinribido; the Deputy Speaker, Iroju Ogundeji; Favour Tomomowo, and Wale Williams. 

Delivering judgment on a suit filed by the lawmakers through their lawyer, Banjo Ayenakin, Justice Ademola Bola ruled that the Ondo State House of Assembly acted arbitrarily by exceeding its power.

 While noting that the lawmaker violated house rules, the judge ruled that the suspension of any member cannot be more than one legislative day or a plenary sitting.

In an earlier judgment given by the court on the suspension of Ogundeji, Williams and Towomowo, Justice Bola said the suspension violated sections 90, 91, 106 and 117 of the 1999 and awarded N5million each as compensation for the treatment meted out to them by the assembly.

Also, a Bauchi High Court presided over by the state Chief Judge, Justice Ibrahim Zango, had in May 2013 equally ordered the reinstatement of a female member of the state House of Assembly, Mrs. Rifkatu Danna (PDP-Bogoro), who was suspended in June 7, 2012.

He also directed the House to pay the lawmaker all her salaries and entitlements, which accumulated during her suspension.

Danna, who challenged the action of the lawmakers through her lawyer, Falana, was suspended for publicly criticising the decision of the House to relocate the headquarters of Bogoro Local Government Area from Tafawa Balewa to Bununu.

But the judge nullified the suspension, saying that the constituency she represented was robbed of meaningful democracy dividends during the period of her suspension.

When the state lawmakers appealed this decision, the Court of Appeal upheld the lower court’s judgment, insisting that the female lawmaker, not being an employee of the House, can neither be suspended nor her entitlements be withheld.

While citing Section 111 of the 1999 Constitution, the appellate court ruled that: “The fixing of salaries and wages of the respondent lies within the province of the Revenue Mobilisation Allocation and Fiscal Commission under Section 111 of the constitution, certainly not the 1st and 2nd appellants. The 1st and 2nd appellants have no right to interfere with the salaries and allowances of the respondent serving as a member of the Bauchi State House of Assembly.”

Despite this plethora of cases and judgments, the Senate has continued to intimidate and silence dissent voices among its members with suspension and denial of their benefits as if the lawmakers are the employees of the leadership of the Senate.

The events of the coming weeks will reveal if the six months suspension of Senator Akpoti-Uduaghan will stand.