A report created by the civil rights leader, FEMI Falana has shown a judicial victory without an exception for legislators suspended by the National Assembly or their state counterpart.
When presenting the detailed report in a statement on Sunday, the main defender advocated a permanent stop to the law to suspend legislators that numerous registered courts have governed illegal and unconstitutional.
He cited about 11 precedents that involved alto decisions and Court of Appeals, which date back to 2010 when the leadership of the House of Representatives suspended Dino Melaye and another 10.
The intervention of the main lawyer was promoted by the current imbroglio in the Senate about the suspension of Kogi's senator, Natasha Akpoti-Uduaghan for the leadership of Godswill Akpabio.
The legislator said she was subject to remuneration for rejecting the s3xual advances of the president of the Senate.
Mr. Akpabio vehemently denied the accusation.
The report entitled “The way in which the courts arrested the illegal suspension of legislators in Nigeria is read; “In 2010, our law firm handled the case of Honorable Dino Melaye and another 10 legislators who were suspended for accusing the House of Representative of Dimeji Bankole to revolize in corruption, the Federal Superior Court declared the suspension of illegal and unconstitutional legislators and ordered the payment of their unnecessary wages and assignments.
'In 2012, our law firm also handled the case of Honorable Rifkatu Danna, the only female member of the Bauchi State Assembly of 31 members. Danna was suspended in June 2012 for allegedly making complementary comments when she challenged the legislators' decision to approve the relocation of the headquarters of the local government of Tafawa Balewa of the state of Bauchi. But the Superior Court of the State of Bauchi declared its illegal suspension and ordered the Chamber of the Bauchi State Assembly to restore it and pay the salaries and assignments retained.
“In 2017, the Court of Appeal dismissed the appeal filed against the judgment of the Superior Court of the State of Bauchi regarding the illegal suspension of Honorable Rifkatu Danna. The Court confirmed our submission to the purpose that the legislator's suspension constituted a violation of the right of the Bogoro Constitution to be represented by it in the State Assembly Chamber. The court also argued that the Chamber's decision to retain the wages and assignments of the legislator was illegal since it was not an employee but an elected member of the Chamber of the Bauchi State Assembly.
“In 2018, our law firm also handled the case of Honorable Abdulmumin Jibrin, a member of the House of Representatives that was suspended for 180 days for accusing the House of the House of Father of Yakubu Dogara of the 2016 National Budget. The Federal Superior Court annulled the suspension and ordered the payment of the retained wages and the assignments of the legislator.
“Based on the case of the president, the Honorable Vauchi V Honorable State Assembly Rifkatu Danna (2017) 49 WRN 82, which is the Locus Classicus on the subject, the 2017 suspension of the Senator Ali ndume of the Senate of Bukola Saraki was annulled by the Federal Superior Court. The case presented in the name of the senator his lawyer, Marcel Oru esq.
“On the same line, the 2020 suspension of Senator Ovie OMO-August was declared illegal and unconstitutional by the Federal Superior Court. The case was presented on behalf of the senator by Edward Omaga Esq.
“At some point in 2020, the Chamber of the Jigawa State Assembly suspended a legislator, the Honorable Sani Iyaku, for alleged criticism of the state governor, Alhaji Muhammad Abubakar Badaru, who was visiting the city of Hadejia for a wedding ceremony. The Honorable Iyaku questioned his suspension in the Superior Court of the State of Jigawa. The judge of first instance, Judge Ahmed, ruled that the action of the Assembly did not comply with order 15 rule 74 (2) (c) and (3) A, B of the permanent orders of the Chamber of the State Assembly 2017 and, therefore, declared the illegal, inappropriate, null and null suspension. The court also ordered that the defendant be paid his three months held by the sum of N3 million.
“On November 18, 2020, the Court of Appeals, sitting in Akure, the State of Ondo dismissed the motion for the stay presented by the State Assembly Chamber against the Judgment of the Superior Court that restored the three suspended members of the State Assembly. The President Judge, Judge Folayemi Omoleye, consulted the appellants for presenting a frivolous appeal before the court, ordering that legislators must be immediately reinstated to resume their legislative duties.
“On August 13, 2024, the same court restored to Hon. Iroju Ogundeji as vice president of the State Assembly Chamber. In a unanimous ruling, Judges Oyebisi Folayemi Omoleye, Frederick Oziakpono-Oho and Yusuf Alhaji Bashir affirmed the decision taken by Judge Akintan Osadebey, who reinstated the two-term legislator that represents the constitution of the state of Odigbo.
“In the last five years, the Superior Court sitting in Lokoja, the state of Kogi and the National Industrial Court annulled the illegal suspension of members of the Kogi and State assembly houses, respectively.
“In March 2024, the Senator suspended from Godswill, led by Akpabio, suspended Senator Abdul Ningi (PDP; Bauchi) for three months to claim that Nigeria's 2024 budget was padded. The senator instructed our law firm to challenge the suspension in the Federal Superior Court. We write to the leadership of the Senate to review the suspension in view of the illegality of the action. While we were preparing to challenge the suspension in the Federal Superior Court, the Senate remembered Senator NOI and paid his salaries and assignments.
“In view of the final pronouncements of the Superior Court and the Court of Appeals on the illegality of the suspension of the chosen members of legislative houses in Nigeria, the suspension of Senator Natasha Akpoti-Uduaghan is the apogee of legislative imprudence. The illegal suspension must be raised without further delay. Since the Federal Superior Court had restricted to the Senate Ethics Committee to listen to the complaint against the Senator in conflict pending the determination of the motion to the notice that the Senate should have strung in accordance with the rule of law.
“Finally, the official impunity to suspend legislators in the whims and whims of leaders of federal and state legislative houses should not be able to continue in Nigeria.”
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