By Douglas Ogbankwa Esq
The Law now is that a Legislative House cannot suspend a Member of the House as doing so will deny his constituents representation as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (As Amended). Again, the relationship between a Member of House and the House is not that of a Master-Servant Relationship, instead, the Member is a representative of his people whose Membership of the House is guaranteed by the Constitution and no other person or persons. The House Rules being in conflict with the Constitution is null and void to the extent of its inconsistency with the Constitution. The representation of the Legislator is guaranteed by the Constitution and the House Rules is subject to the Constitution.
This was the position of the Court of Appeal in the case of:
SPEAKER BAUCHI STATE HOUSE OF ASSEMBLY v HON. RIFKATU SAMSON DANNA (2017) 49 W.R.N
This case above is the locus classicus decided by the Court of Appeal on the issue of suspension of a Member of a House of Assembly. The following are the facts of the case:
*The Respondent in this case was a member of the Bauchi State House of Assembly and she was indefinitely suspended. She filed a Suit at the Bauchi State High Court questioning the Resolution of the House. Judgment was delivered in her favour, the House appealed the issue to the Court of Appeal and the Court of Appeal reaffirmed the decision of the High Court.
The court of Appeal states that the lawmaker, not being an employee of the House can neither be suspended nor withheld of his entitlements i.e. salary and other allowances. The court while making decision on the provision of section 111 CFRN 1999 states: “The fixing of salaries and wages of the respondent lies within the province of the Revenue Mobilization Allocation and Fiscal Commission under section 111 of the constitution, certainly not the 1st and 2nd appellants. The 1st and 2nd appellants have no right to interfere with the salaries and allowances of the respondent serving as a member of the Bauchi State House of Assembly.
No Rules or Standing Order of Bauchi State House of Assembly can derogate these rights and privileges conferred on an elected member of the House of Assembly…” The Court further had this to say about the illegality of the suspension:” Any member of the Bagoro constituency could have timeously challenged the indefinite suspension of their choice representative in the Bauchi State House of Assembly on the grounds that their accrued rights had been violated or breached by the appellants. The conduct of the appellants is the tyranny of the majority against an elected minority of the Bauchi State House of Assembly”.
The position above are the Laws on the twin issue that are subject of this exposition. The fact that some Legislative Houses are engaging in naked illegality does not obviate from the sanctity of the position of the Law which grinds slowly but surely. It is therefore my humble contention that it is an utter illegality for any Legislative House to impose on any member an indefinite suspension, as same is a gross violation of extant laws of the land and the constitution of the Federal Republic of Nigeria.It is important we are follow the law on issues to build systems. If you protected the rule of law while in office, the rule of law will protect you, while you are out of office.
About the Author:
Douglas Ogbankwa Esq., a former Publicity Secretary of the Nigerian Bar Association, Benin Branch, is the Convener of Vanguard for the Independence of the Judiciary, is a Nigerian Legal Practitioner, Writer and Policy Analyst.
@douglasogbankwa@gmail.com
