By Femi Falana, SAN
1.In 2010, our law firm (Falana & Falana’s Chambers) handled the case of Hon Dino Melaye & 10 other legislators who were suspended for accusing the Dimeji Bankole-led House of Representative of wallowing in corruption The Federal High Court declared the suspension of the legislators illegal and unconstitutional and ordered the payment of their withheld salaries and allowances.
2.In 2012, our law firm also handled the case of Honourable Rifkatu Danna, the only female member of the 31-member Bauchi State House of Assembly. Danna was suspended in June 2012 for allegedly making uncomplimentary remarks when she challenged the lawmakers’ decision to approve the relocation of the headquarters of Tafawa Balewa Local Government Area of Bauchi State. But the Bauchi State High Court declared her suspension illegal and ordered the Bauchi State House of Assembly to reinstate her and pay her withheld salaries and allowances.
3.In 2017, the Court of Appeal dismissed the appeal filed against the judgment of the Bauchi State High Court in respect of the illegal suspension of Honourable Rifkatu Danna. The Court upheld our submission to the effect that the suspension of the legislator constituted a breach of the right of the Bogoro Constutuency to be representated by her in the state house of assembly. The Court equally held that the decision of the House to withhold the salaries and allowances of the legislator was illegal as she was not an employee but an elected member of the Bauchi State House of Assembly.
4.In 2018, our law firm equally handled the case of Honourable Abdulmumin Jibrin, a member of the House of Representatives who was suspended for 180 days for accusing the Yakubu Dogara-led House of padding the 2016 national budget. The Federal High Court nullified the suspension and ordered the payment of the withheld salaries and allowances of the legislator.
5.Based on the case of the Speaker, Bauchi State House of Assembly v Honourable Honourable Rifkatu Danna (2017) 49 WRN 82 which is the locus classicus on the subject matter, the 2017 suspension of Senator Ali Ndume by the Bukola Saraki-led Senate was annulled by the Federal High Court. The case filed on behalf of the Senator his lawyer, Marcel Oru Esq.
6.In the same vein, the 2020 suspension of Senator Ovie Omo-Agege was declared illegal and unconstitutional by the Federal High Court. The case was filed on behalf of the Senator by Edward Omaga Esq.
7.Sometime in 2020, the Jigawa State House of Assembly suspended a lawmaker, Hon. Sani Iyaku, over alleged criticism of the state governor, Alhaji Muhammad Abubakar Badaru who was on a visit to Hadejia town for a wedding ceremony. Honourable Iyaku challenged his suspension in the Jigawa State High Court. The trial Judge, Justice Ahmed ruled that the action of the Assembly did not comply with order 15 rule 74 (2)(c) and (3) a, b of the state House of Assembly standing orders 2017 and therefore declared the suspension illegal, inappropriate, null and void. The court also directed that the defendant be paid his three months allowances withheld to the tune of N3 million.
8.On November 18, 2020, the Court of Appeal, sitting in Akure, Ondo State dismissed the motion for stay of execution filed by the state House of Assembly against the judgment of the High court reinstating the three suspended members of the state assembly. The Presiding Judge, Justice Folayemi Omoleye, queried the appellants for bringing a frivolous appeal before the court, directing that the lawmakers should be reinstated immediately to resume their legislative duties.
9.On August 13, 2024, the same court reinstated Hon. Iroju Ogundeji as the Deputy Speaker of the State House of Assembly. In a unanimous ruling, Justices Oyebisi Folayemi Omoleye, Frederick Oziakpono-Oho, and Yusuf Alhaji Bashir affirmed the decision made by Justice Akintan Osadebey, which reinstated the two-term legislator representing the Odigbo state constituency.
10.In the past five years, the High Court sitting in Lokoja, Kogi State, and the National Industrial Court nullified the illegal suspension of members of the Houses of Assembly of Kogi and Edo State respectively.
11.In March 2024, the Godswill Akpabio-led Senate suspended Senator Abdul Ningi (PDP; Bauchi) for three months for alleging that Nigeria’s 2024 budget was padded. The Senator instructed our law firm to challenge the suspension in the Federal High Court. We wrote to the leadership of the Senate to review the suspension in view of the illegality of the action. As we were preparing to challenge the suspension in the Federal High Court, the Senate recalled Senator Ningi and paid his withheld salaries and allowances.
12.In view of the definitive pronouncements of the several High Court and the Court of Appeal on the illegality of the suspension of elected members of legislative houses in Nigeria, the suspension of Senator Natasha Akpoti-Uduaghan is the height of legislative recklessness. The illegal suspension should be lifted without any further delay. Since the Federal High Court had restrained the Senate Ethics Committee from hearing the complaint against the embattled Senator pending the determination of the motion on notice the Senate ought to have stayed action in accordance with the rule of law.
13.Finally, the official impunity of suspending legislators at the whims and caprices of leaders of the federal and state legislative houses must not be allowed to continue in Nigeria.
