Dr Tonye Clinton Jaja has faulted Paul Daudu, SAN’s letter to Senator Natasha Akpoti-Uduaghan’s lawyers, which warned that “she should not force her way into the senate on Tuesday.”
Jaja, in an open letter, stressed that the Kogi Central Senator is no longer under the restrictions imposed on her by the senate and therefore free to resume her legislative duties on Tuesday, 8th July, 2025.
The letter reads:
Open Letter To Paul Dauda, SAN: HON. JUSTICE BINTA NYAKO’S JUDGMENT CLEARLY ORDERED SENATOR NATASHA TO RESUME SITTING ON TUESDAY 8TH JULY 2025 BECAUSE ONE OF THE RELIEFS THAT LED TO THE LAWSUIT WAS TO DECLARE HER SUSPENSION AS ILLEGAL (JUST AS THE PREVIOUS JUDGMENTS AGAINST THE SUSPENSION OF SENATORS NDUME AND OMO-AGEGE ARE SELF-EXECUTORY (THE PROVINCE OF LEGISPRUDENCE AND LEGISLATIVE LAW IS DIFFERENT FROM LITIGATION)
By Dr. Tonye Clinton Jaja
Dear Paul Dauda, SAN, Sir,
By way of re-introduction, my name is Dr. Tonye Clinton Jaja, I was one of the special guests that you invited as a discussant during the 2024 law week of the Nigerian Bar Association-NBA Bwari Branch.
I am writing this open letter to you as part of my public legal education series.
Our Association-ALDRAP is dedicated to promoting professionalism in this area of legal practice known as legislative law.
Association of Legislative Drafting and Advocacy Practitioners-ALDRAP are a professional Association of over 1,000 legislative lawyers who are staff and consultants at the National Assembly and other Legislatures within and outside Nigeria, established in the year 2017.
In your open letter to Jubrin Samuel Okutepa, SAN you have alleged that the portion of the judgment that mentioned Section 63 of the Constitution of the Federal Republic of Nigeria, 1999 is an “OBITER DICTUM” that does not constitute a BINDING AND ENFORCEABLE ORDER!!!
In other words, your open letter is of the opinion that the 4th July 2025 judgment of Hon. Justice Binta Nyako does not constitute a lifting of the suspension imposed upon Senator Natasha Akpoti-Uduaghan. The said open letter is published here: https://lawandsocietymagazine.com/senates-lawyer-warns-against-senator-natasha-forcing-her-way-into-the-senate-chamber-on-tuesday/
WITH THE GREATEST RESPECT TO YOUR STANDING AS A SENIOR ADVOCATE OF NIGERIA (SAN), THE JUDGMENT OF HON. BINTA NYAKO CATEGORICALLY INVALIDATES THE SUSPENSION OF SENATOR NATASHA AND RESTORES HER AS A SENATOR OF THE FEDERAL REPUBLIC OF NIGERIA.
THEREFORE, SHE AS FROM THE DATE OF THE SAID JUDGMENT, 4TH JULY 2025, SENATOR NATASHA WAS RESTORED AS A SENATOR OF THE FEDERAL REPUBLIC OF NIGERIA.
SENATOR NATASHA IS NO LONGER UNDER OF THE RESTRICTIONS IMPOSED UPON HER BY THE SENATE ON 6TH MARCH 2025, SHE IS THEREFORE FREE TO RESUME HER DUTIES ON TUESDAY 8TH JULY 2025.
The reasons for the foregoing assertions can be found in the court processes filed by Senator Natasha and her lawyers.
As a lawyer for the Senate President, I am 100% confident that you are in possession of the statement of claim(s) files by Senator Natasha and her lawyers!!!
Please kindly examine, the portion of the said documents that contain the statement of claims, you would see clearly that one of RELIEFS sought by Senator Natasha was a declaration that her suspension was both illegal and unconstitutional.
Hon. Justice Binta Nyako categorically stated that the said suspension of Senator Natasha is unconstitutional (violation of Section 63 of the Constitution of the Federal Republic of Nigeria,1999) and illegal (violation of Section 14 (2) of the Legislative Houses (Powers, Privileges and Immunities) Act, 2018.
My question is: what are the natural consequences when a court of law declares that an action of the Senate or a portion of any legislation (primary or secondary) is in conflict with the provisions of the Nigerian Constitution?
Section 1 (3) of the Nigerian Constitution states categorically that such action of the Senate or portion of said legislation AUTOMATICALLY becomes NULL AND VOID. In other words, the operation of the “BLUE PENCIL RULE” immediately kicks-in to render it no longer functional because of its inconsistency with the relevant sections of the Nigerian Constitution.
Hon. Justice Binta Nyako categorically stated this in her judgment when she stated that the Standing Orders of the Senate, 2023 ought to be reviewed to bring its provisions into harmony with the Nigerian Constitution.
Therefore, the decision of the Senate of 6th March 2025 which imposed six months suspension upon Senator Natasha, having been declared as unconstitutional and illegal no longer stands as from 4th July 2025.
IT IS SELF-EXECUTORY and requires no further action(s) to implement!!!
Please kindly consider the 2017 decision/judgment of the Court of Appeal in the case of Senator Ali Ndume which declared his suspension as illegal, he returned to his seat at the Senate without any further steps!!!
Also, consider the 2018 judgment that restored Senator Omo-Agege, after the Federal High Court judgment, he returned to his seat at the Senate without any further ado!!!
Let me conclude by using this open letter as an opportunity to invite you to pursue and undertake further qualifications in this specialist and niche area of legal practice and scholarship known as Legislative Law.
You can begin by registering as a member of ALDRAP and enrolling at the National Institute for Legislative and Democratic Studies (NILDS) for postgraduate programmes in Legislative Drafting.
You can also combine your academic credentials with hands-on PUPILLAGE under Senator Victor Ndoma-Egba, SAN and a few other legislative lawyers in Nigeria.
I look forward to your re-advising your client the President of the Senate after this open letter to allow the Nigerian Constitution to prevail.
Yours faithfully,
Dr. Tonye Clinton Jaja,
7th July 2025.
Jaja is saying Justice Nyako’s judgment on Senator Natasha’s suspension is consistent with previous judgments on similar cases involving Senators Ndume and Omo-Agege. This suggests that the court’s decision is in line with established legal precedent.