The Senate, as part of the highest law-making body mandated by section 4 of the Constitution of the Federal Republic of Nigeria (CFRN), 1999 (as altered), to make laws for the peace, order, and good governance of the Federation of Nigeria, it should not be found wanting in respecting the cannons of the Constitution and the extant laws on which it exits.
The latest move by the Senate leadership, which frustrates one of its members, Senator Natasha Akpoti-Uduaghan, from resuming her legislative duties in the hallowed chambers of the Senate, is unfounded in both law and morality.
It is admitted that the Senate has inherent powers to regulate its businesses and proceedings vis-à-vis disciplining its erring members, but such exercise of powers must be circumscribed within the frameworks of the Constitution, the Senate Standing Orders, the Legislative Houses (Powers and Privileges) Act, and other relevant laws. Despite Order 67(4) of the Senate Standing Orders prescribing that a Senator cannot be suspended for more than 14 days, the Senate, without any legal basis or justification, suspended her for 6 months, which amounts to 182 days. This is in spite of the fact that section 63 of the CFRN requires the legislature to sit for at least 182 days in a year. Thus, Senator Natasha and her constituency have been shut out from legislative sittings and oversight for one legislative year. This is unacceptable in any progressive democracy, and Hon. Justice Binta Nyanko of the Federal High Court echoed the same when pillorying the Senate for levying an excessive and undemocratic suspension against their colleague.
The reasons being advanced by the Senate Leadership to justify and sustain these undemocratic actions are plainly implausible. First, the Senate resolution, akin to a Court’s order, has a time frame to run, which can exceed the date. Second, the resolution has nothing to do with the appeal lodged by Senator Natasha against her suspension, which would likely become academic at the end of the 6 months. The 6-month suspension runs independently and cannot be extended by virtue of an appeal challenging its legality.
Therefore, the lifting of the suspension should not be at anyone’s discretion or privilege but should come automatically to put an end to the series of illegality trailing it.
For truth, this injustice should not be sustained in any ramification.
Obioma Ezenwobodo LL.M.
Partner: Resolution Attorneys (Abuja).
Pioneer Chairman: The Nigerian Bar Association, Garki Branch, Abuja (2022/24)
Email: [email protected]
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