The suspension of Senator Natasha Akpoti-Uduaghan by the Nigerian Senate has ignited a firestorm of criticism, with renowned human rights lawyer Femi Falana leading the charge. Falana has condemned the suspension as an abuse of power, highlighting a concerning pattern of arbitrary disciplinary actions against legislators by both federal and state legislative bodies. He argues that such actions undermine democratic principles and set a dangerous precedent for the future of Nigerian politics. Akpoti-Uduaghan’s suspension stems from a heated exchange with Senate President Godswill Akpabio over the reassignment of her seat, an action she viewed as an attempt to silence her critical voice. The situation escalated further with allegations of sexual harassment levied against Akpabio by Akpoti-Uduaghan. Despite a court order halting the Senate’s disciplinary proceedings, the Senate proceeded to impose a six-month suspension, demanding a public apology from the senator for alleged “gross misconduct.”
Falana, however, contends that the suspension is illegal and unconstitutional, citing a litany of legal precedents that bolster his argument. He points to a consistent trend of courts overturning suspensions of lawmakers by legislative houses, both at the state and federal levels. He emphasizes the importance of upholding the rights of constituents to be represented by their elected officials, a right that is violated when lawmakers are arbitrarily suspended. Falana calls for the Senate to immediately rescind what he deems an unlawful suspension, warning that the continued disregard for court orders and established legal principles poses a significant threat to the rule of law in Nigeria.
Falana’s argument rests on a foundation of successful legal challenges against similar suspensions. He details the case of Honourable Rifkatu Danna, the only female member of the Bauchi State House of Assembly, whose suspension for criticizing the relocation of a local government headquarters was overturned by the courts. The courts not only reinstated Danna but also ordered the payment of her withheld salaries and allowances, recognizing that legislators are elected representatives, not employees subject to arbitrary disciplinary measures. This case, according to Falana, serves as a pivotal legal precedent in this area of law.
Further solidifying his argument, Falana recounts the case of Honourable Abdulmumin Jibrin, a House of Representatives member suspended for accusing the House leadership of budget padding. The Federal High Court nullified Jibrin’s suspension and ordered the payment of his withheld entitlements. Falana also highlights the successful legal challenges against the suspensions of Senators Ali Ndume and Ovie Omo-Agege, demonstrating a pattern of judicial intervention to protect the rights of lawmakers and their constituents. The courts have consistently held that such suspensions are unconstitutional and infringe on the fundamental right to representation.
Falana’s examples extend beyond the federal legislature. He cites cases from various states, including Jigawa, Ondo, Kogi, and Edo, where courts have intervened to reinstate suspended lawmakers. In Jigawa, the court deemed Hon. Sani Iyaku’s suspension illegal and ordered the payment of his withheld allowances. The Ondo State Court of Appeal reinstated three suspended assembly members and later, Hon. Iroju Ogundeji as Deputy Speaker, emphasizing the importance of adhering to legal procedures in disciplinary actions. These cases, Falana argues, demonstrate a nationwide trend of judicial pushback against arbitrary suspensions and reinforce the legal arguments against Akpoti-Uduaghan’s suspension.
Falana concludes his argument by referencing a more recent case involving Senator Abdul Ningi, who was suspended for alleging budget padding. While Ningi’s case involved a swift resolution through the Senate’s recall and payment of withheld entitlements, Falana emphasizes that his firm was prepared to challenge the suspension in court. He suggests that the Senate’s decision to reverse course was likely influenced by the overwhelming legal precedent against such suspensions. The cumulative weight of these examples, according to Falana, leaves no doubt as to the illegality of Akpoti-Uduaghan’s suspension and underscores the urgent need for the Senate to rectify its actions and uphold the rule of law.
