By Tonye Clinton Jaja
Unwittingly, there is a new form of crime that is unfolding in Nigeria. It is the crime of speaking against the words or actions of any person holding any position of authority (regardless of whether the speaker has sufficient evidence to justify the said speech)!!!
Some examples are as follows:
In the month of December 2024, an activist Ms. Olamide Thomas was arrested, detained and charged to court for allegedly using uncomplimentary words against both the Inspector-General of Police (IGP), and the son of PBAT.
In January 2025, Yeye Sowore was also arrested, detained and charged to court for using the phrase “illegal IGP”.
In February 2025, it was the turn of Dr. Reuben Abati, he had insulted the House of Representatives by using two words to describe the law-makers namely: “idiotic” and “stupid”. He was given 24 hours to tender an apology.
In this month of March 2025, it is the turn of Senator Natasha Akpoti-Uduaghan. Her “crime(s)” is that she violated the Rules of the Senate of the Federal Republic of Nigeria in terms of seating arrangements and speaking without the permission of the President of the Senate.
In her defence, Senator Natasha has alleged that she is a victim of sexual harassment against her person by the President of the Senate, His Excellency, Godswill Obot Akpabio-GOA.
Yesterday, Wednesday 5th March 2025, the Senate of the Federal Republic of Nigeria made the decision to dismiss the petition of Senator Natasha on several grounds and refused to refer her petition for investigation to the Senate Committee on Ethics, Privileges and Public Petitions.
Different Senators cited different rules of the Senate Standing Orders, 2023 (as amended) to justify the decision.
Some cited Order 40 that says that the Senate cannot deliberate on any subject matter that is concurrently the subject of litigation in a court of law.
Others cited Order 10 of the Senate Standing Orders that says that a petition cannot be signed by a serving Senator but by the constituent who submits a petition through the senator that represents their senatorial district.
Unwittingly, in reaching this decision, the Senate of the Federal Republic of Nigeria, did not avert their minds that Senator Natasha’s petition represents an unprecedented and novel situation that was never envisaged by the current Rules of the Senate.
The current Senate Rules only envisage a situation wherein public petitions are written and submitted to the Senate Committee on Ethics, Privileges and Public Petitions by members of the public (through the Senators representing their senatorial districts).
The Senate Rules did not envisage a situation wherein a serving Senator would be in need of submitting a public petition by themselves on an issue of PUBLIC INTEREST.
So the question arises: how does the Senate of the Federal Republic of Nigeria or any other legislature for that matter handle any subject matter that is not provided for within its Rules.
“Rulings from the Chair” is the immediate solution, this is a process whereby the presiding officer of the said legislature has to make a pronouncement on the said subject matter and such a pronouncement is entered into the Hansard (the verbatim report of the proceedings of the legislature). From the date of such a pronouncement, it becomes the binding rule of the said legislature until whenever the Standing Orders or Rules of the said legislature is amended.
So this could have been applied to the petition of Senator Natasha.
In the opening hours of plenary on Wednesday 5th March 2025, the President of the Senate had already ruled from the chair when he tapped the gavel and admitted the petition as laid before the Senate, under the mace by Senator Natasha.
It is against parliamentary practice for the Senate President (or the Presiding Official to un-rule himself or herself) as was done by the Senate President.
This is because the petition of Senate Natasha represents a novel and unprecedented procedure wherein a serving Senator is submitting a petition against the Presiding Official on a matter that affects both herself and members of the Public.
The generally accepted authority on legislative practice and procedure is the British author, Erskine May, Parliamentary Procedure and Practice.
The law relating to “Rulings from the Chair” is described in details in the 25th Edition published in the year 2019 by LEXIS NEXIS.
“Erskine May is the authoritative book on parliamentary law and practice. It’s a description of how procedure in the House of Commons and House of Lords has evolved and the conventions that apply, rather than a set of rules.” Nigeria inherited both it’s legal and legislative system from the United Kingdom which is the basis of the book by Erskine May.
Overriding public interest, is another reason why the Senate ought to have considered and admitted the petition of Senator Natasha regarding her allegation of sexual harassment against the Senate President-GOA.
Since there is no clearly defined legislation on the subject matter or any provision on the subject matter inside the current Senate Rules, it was an opportunity for the Senate of the Federal Republic of Nigeria to set a precedent through an independent and impartial investigation!!!
Finally, by a combined reading of both the Standing Orders of the Senate, 2022 and the website of the Senate Committee on Ethics, Privileges and Public Petitions.
It is obvious that the jurisdiction of the said Senate Committee on Ethics, Privileges and Public Petitions is to provide equitable justice for members of the public (including any serving Senator) who believes that they are unable to achieve justice in the regular courts of law which are inundated with backlog of cases and technical rules of procedures which the ordinary Nigerian cannot comprehend or afford the services of a lawyer to pursue.
In light of the foregoing, Senator Natasha’s petition on sexual harassment was DELIBERATELY submitted to the Senate Committee on Ethics, Privileges and Public Petitions and not to any court of law.
The very name of the Senate Committee on Ethics, Privileges and Public Petitions (which includes the words: “ethics” and “public petitions”) reveals that it is not a court of law and it does not apply the technical rules of regular courts of law.
The words “Ethics” deals with morality as opposed to Legalism and legality as administered by the court of law.
So the Senate Committee on Ethics, Privileges and Public Petitions was the perfect forum for treatment of Senator Natasha’s petition against the Senate President bordering on sexual harassment.
I want to conclude this article by making reference to a somewhat similar case that was decided in favour of Senator Michael Opeyemi Bamidele, who was then a law student at the University of Benin.
He was expelled by the authorities for his involvement in Students union activities.
He was not given fair hearing to plead his case by the University authorities.
It was a court of law that reviewed his case and ordered him to be reinstated as a law student which ensured that he graduated and is today a lawyer.
Bamidele & Ors v The University of Benin (1988), argued successfully by one Femi Falana, Esq, then with the unforgettable Alao Aka-Bashorun of Peoples Chambers, Lagos State.
Has Senator Michael Opeyemi Bamidele (MOB) forgotten this or is he more interested in protecting a group interest.
Even a former President of the Senate, Bukola Saraki had advised that the petition of Senator Natasha should be allowed to undergo thorough investigation so as to salvage the reputation of the institution of the Senate of the Federal Republic of Nigeria.
But what does he know?!!!!
What do we know as members of the public, does our interests count or is it just the interests of one individual and his cronies that will always triumph over the public interests in ethics!!!
It is for the foregoing reasons that our Association of Legislative Drafting and Advocacy Practitioners-ALDRAP has written a formal letter to the Senate President to reconsider the stance on this matter, failing which we shall seek the interpretation and intervention of a court of law!
Dr. Tonye Clinton Jaja,
Executive Director,
Nigerian Law Society (NLS).
