How the courts stopped illegal suspension of legislators in Nigeria

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.

Falana Dismisses Claims of Charging for Pardon Letters

Issues a 24-hour ultimatum for a retraction of the false statements associating him with Bobrisky Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has reiterated that he never demands payment for writing letters of pardon. The learned silk emphasizes that throughout his 42-year legal career, his practice is rooted in the pursuit of justice, not financial profit. Falana clarified that he does not charge fees for interventions in cases of injustice.  He highlighted several instances where he provided legal assistance without financial gain, including securing the release of six Nigerians wrongfully detained in Kirikiri Correctional Centre. The lawyer addressed recent claims linking him to a N10 million pardon request for Bobrisky, describing the allegations as baseless.  He maintained that his integrity remains intact, assuring his family and the public of his commitment to justice. In response to the allegations, Falana issued a 24-hour ultimatum for a retraction of the false statements associating him with Bobrisky.

Augusta Oseodion’s Murder: Falana Vows To Ensure Speedy Extradition Of Killaboi

Human rights lawyer, Femi Falana, SAN, has successfully engaged with Sierra Leone’s Inspector-General of Police, Fayia Sellu, in an effort to secure the speedy extradition of a Nigerian murder suspect, Best Nnanyereugo Benjamin, to Nigeria for prosecution. Nnanyereugo, who had been on the run, was declared wanted by the Nigerian Police Force in connection with the alleged murder of Miss Augusta Oseodion Onuwabhagbe, a student at Lead City University, Ibadan, Oyo State. He was apprehended in Sierra Leone. In a statement released on Saturday, Falana, who represents the victim’s family, revealed his contact with Sierra Leone authorities regarding the matter. He stated, “I am in touch with the President of the Sierra Leone Bar Association, and Chairperson of the Transition Committee of the West African Bar Association, Madam Michaela Eddinia Swallow in respect of the matter.” He further added, “A few minutes ago, I had a telephone conversation with the Sierra Leonean Inspector-General of Police, Mr. Fayia Sellu. He assured me that he would cooperate with his counterpart in Nigeria, Mr. Kayode Egbetokun, the Acting Inspector-General of Police, in ensuring a speedy extradition of the suspect to Nigeria.” Best Nnanyereugo Benjamin had been declared wanted by the Lagos State Police Command on October 10, 2023, after the alleged murder of his girlfriend on July 13, 2023. He had eluded authorities until he was arrested at a club in Freetown by Sierra Leonean police on Friday. According to a source, the suspect is currently being held in detention in Freetown, awaiting extradition to Nigeria to face charges. The source also revealed that the suspect had been active on social media even after the murder, using the victim’s phone. A concerned individual in Sierra Leone noticed the suspect’s social media activity and informed the deceased’s mother. She then contacted her lawyer, Chief Femi Falana (SAN), who assisted the family in reaching out to Sierra Leonean police authorities. The Lagos State Police Commissioner, Mr. Idowu Ohonbunwa, had directed the Lagos State Police Command to declare Best Nnanyereugo Benjamin wanted on October 10, 2023. Following this, the Sierra Leonean police initiated a manhunt for the suspect, ultimately leading to his arrest. The source revealed that Augusta was 21 years old when she was brutally murdered by the suspect, who claimed to be a real estate executive.

Mobhad: Justice Will Not Be Aborted, Falana Assures Nigerians

Mrs Funmi Falana, wife of Mr Femi Falana (SAN), at the weekend expressed confidence that justice would be served concerning the death of a young musician, Ilerioluwa Aloba (a.k.a Mohbad). Mrs Falana is a Partner at the Falana Falana Chambers, which is a concerned party in the death of the musician. She is also counsel to the family of Aloba. She gave the assurance at the Ikorodu Magistrates’ Court, venue of a coroner’s inquest into the musician’s death. The musician died on September 12 and was buried the following day. He was aged 27 years. His death has been generating controversies, prompting Lagos State Government to direct a coroner’s inquest into the death. A preliminary meeting on the inquest took place on Friday at the court’s premises. Mrs Falana told journalists that the meeting was to discuss the modalities for the inquest including witness to bring before the court. “I am sure you all know that the essence of the coroner’s inquest is to inquire into the cause of the death. “By God’s grace, we want to assure the public that justice will definitely be served,” she said. She said that by October 13, witnesses would be testifying before the court, urging members of the public to be calm. “We want to assure the public that justice will not be aborted. “We are here to get to the root cause of the death of the young man to serve as deterrent,” she said. The controversy being generated by the musician’s death also made the police command in Lagos State to set up a 19-man special team to investigate the incident. The body of the late musician has also been exhumed by the police for further investigation.  

Kogi Guber: Falana petitions IGP, alleges Bello’s plans to eliminate Ajaka

Femi Falana SAN, has petitioned the Inspector General of Police (IGP) Egbetokun Olukayode, alleging that Governor Yahaya Bello plans to eliminate the Social Democratic Party (SDP) gubernatorial candidate in the Kogi gubernatorial race, Muritala Yakubu Ajaka. According to the senior lawyer, since Ajaka was nominated as the flagbearer by his party, the incumbent governor has taken it upon himself to ensure that his political party and supporters would not enjoy peace in the state or be allowed to exercise their fundamental rights of peaceful assembly and association.  Falana, in a statement he signed on 12th July, alleges that Bello uses his executive powers to launch a series of violent attacks on Ajaka, his political party and his teeming supporters as they have become victims of unwarranted harassment, intimidation and cheap blackmail. He posited that the illegal actions of the Governor are based on his desperate bid to install his cousin as the next Governor of Kogi State. The petition is following the recent attack on his client while returning from a thank you tour of the state on the 3rd day of June 2023, along with his team of supporters at about 12.30 pm after visiting the palace of His Royal Highness, the Ohimege of Koton-Karfi. The statement further stated that shortly after this incident, Gov Bello addressed his supporters on this incident wherein he referred to himself as a Lion returning to his jungle and our client as an antelope that crossed the part of the lion and threatened to deal with our client the next time he crosses his part. Falana, also revealed that, to follow up the incident, Alaka petitioned the Commissioner of Police in Kogi State and requested that the matter be investigated. However, rather than carry out an investigation of the said incident, our client is now being hunted around Abuja by the State Governor. He has dispatched a team of police officers to arrest our client and forcefully take him to Lokoja on trumped up charges of terrorism and treasonable felony. The petition reads: “In view of the foregoing, we urge you to cause an investigation into the allegations of threat to the life of our client, attacks on him and his clients, trumped up charges of terrorism and treasonable felony. “As a follow up to this incident, our client petitioned the Commissioner of Police in Kogi State and requested that the matter be investigated but rather than carry out an investigation of the said incident, our client is now being hunted around Abuja by the State Governor. He has dispatched a team of police officers to arrest our client and forcefully take him to Lokoja on trumped up charges of terrorism and treasonable felony Our client is an Indigene of Kogi State and the Governorship candidate of the Social Democratic Party (SDP) in Kogi State for the forthcoming 2023 governorship elections in Kogi State.  “Our client’s brief is that since he was nominated by his party as its candidate for the forthcoming governorship elections in Kogi State, the State Governor, ALHAJI YAHAYA BELLO has taken it upon himself to ensure that our client, his political party and supporters would not enjoy peace in Kogi State or be allowed to exercise their fundamental rights of peaceful assembly and association.  “Consequently, it is our client’s further brief that the state Governor using his executive powers has lunched series of violent attacks on our client, his political party and his teeming supporters. The illegal actions of the Governor are based on his desperate bid to install his cousin as the next Governor of Kogi State. “Thus, without any legal justification, our client has become a victim of unwarranted harassment, intimidation and cheap blackmail. For instance, while on a thank you tour of the state on the 3rd day of June 2023, our client was attacked along with his team of supporters at about 12.30 pm after visiting the palace of His Royal Highness, the Ohimege of Koton-Karfi. “The dastardly attack took place while our client and his supporters were returning to Lokoja around the Banda Nataco Axis. Our Client’s convoy was attacked by armed gun men who were dressed in police uniform in official vehicles of the Kogi State Government. “Life bullets were sporadically fired directly at our client with the sole intent to assassinate him. While our client was lucky, some of his supporters were seriously injured and were rushed to the hospital where they were treated for different degrees of bullet wounds. “It is worthy to note that shortly after this incent the Governor of Kogi State addressed his supporters on this incident wherein he referred to himself as a Lion returning to his jungle and our client as an antelope that crossed the part of the lion and threatened to deal with our client the next time he crosses his part. “As a follow up to this incident, our client petitioned the Commissioner of Police in Kogi State and requested that the matter be investigated but rather than carry out an investigation of the said incident, our client is now being hunted around Abuja by the State Governor. He has dispatched a team of police officers to arrest our client and forcefully take him to Lokoja on trumped up charges of terrorism and treasonable felony. “Our client as a Nigerian Citizen, an indigene of Kogi State and a Governorship candidate of the Social Democratic Party in Kogi State is entitled to the constitutional protection of his right to vote and be voted for. And in the exercise of this right, the Kogi State Governor lacks the authority to use state actors and non state actors to harass, intimidate and blackmail our client. “In view of the foregoing, we urge you to cause an investigation into the allegations of threat to the life of our client, attacks on him and his clients, trumped up charges of terrorism and treasonable felony. “We further demand that you direct the immediate demobilization of all armed thugs and killer squads

Assault on Police Officer: Seun Kuti turns self in

The Police Command in Lagos State has said the Afrobeat musician, Seun Kuti, who allegedly assaulted a police officer, turned in himself to the police on Monday. This is contained in a statement issued by the command’s spokesperson, SP Benjamin Hundeyin. Hundeyin said that Kuti, in company of his lawyer and family representatives, were at the Lagos Police Command Headquarters, Ikeja at the early hours of Monday and was placed under arrest in line with the law. He said the command appreciated the public for their concern and assured that the ongoing investigation would be detailed, transparent and professionally pursued. “Justice will be manifestly served for all parties involved,” he said. The Inspector-General of Police, I-G Usman Baba, had on Saturday ordered the arrest of the Afrobeat musician for allegedly assaulting a police officer on the Third Mainland Bridge in Lagos. The Police Service Commission (PSC), which also condemned the alleged assault, commended the I-G for promptly ordering Seun’s arrest and prosecution. Mr. Femi Falana, a human rights lawyer, has revealed that Seun requested for his legal services after the IGP’s order to immediately arrest the singer. Falana said: “I am his lawyer and he has briefed me. He certainly has evidence. “This is not the first time he is dealing with the police.” The lawyer added that the embattled singer would turn himself in on Monday.