By Hon Justice Ejembi Eko,JSC ( rtd)
Natasha’s six-month suspension is now spent. The matter arising, pending judicial pronouncement, is the validity of the suspension; or the vires of the Senate to suspend the elected Senator and by extension constituents she represents at the Senate.
The Senate cannot plead “sub judice” in order to perpetuate the illegality or unconstitutionality of the suspension. Even after the effluxion or lapse of the suspension; the issue of the legality or legitimacy of the power asserted by the Senate to suspend a member remains a live issue, under the doctrine of “substantive ultra vires”, for determination by the judex.
Agreed, the plea of “sub judice” is a shield, not a sword. It cannot be used to enhance a constitutional or statutory breach. Even in tort, it does not aid the perpetration or continuance of a malfeasance or nuisance.
There has been no fresh resolution of the Senate extending the six-month sentence. And they cannot do that now, having been “estopped pendente lite”.
Does not it appear that “sub judice” pleaded by the Senate administratively is an extension of estoppel of lis pendis?
Hon Justice Ejembi Eko,JSC ( rtd).
The Senate can’t keep using “sub judice” as an excuse — her suspension time is over, and the court already said it’s wrong. Keeping her out is just unlawful.