Femi Falana, a renowned human rights lawyer and Senior Advocate of Nigeria (SAN), has outlined how Nigerian courts have consistently intervened to protect the rights of lawmakers, declaring suspensions by legislative bodies as illegal and unconstitutional.
In a statement made available to Credible News, Falana emphasized that these landmark rulings have been crucial in strengthening Nigeria’s democracy by ensuring the rule of law prevails in the legislature.
One of the earliest cases occurred in 2010 when Falana’s law firm represented Hon. Dino Melaye and 10 other members of the House of Representatives.
These lawmakers were suspended after accusing the leadership of the House, led by Dimeji Bankole, of corruption. The Federal High Court ruled that their suspension was illegal, ordering the payment of withheld salaries and allowances and their reinstatement. This ruling set a critical precedent for upholding the rights of elected officials.
In 2012, Falana’s firm represented Honourable Rifkatu Danna, the only female member of the 31-member Bauchi State House of Assembly, who was suspended for criticizing the relocation of the headquarters of Tafawa Balewa Local Government.
The Bauchi State High Court ruled that her suspension was illegal and ordered her reinstatement, along with the payment of her withheld salaries. This case demonstrated the judiciary’s key role in ensuring fairness and accountability within legislative bodies.
The importance of these legal protections was further confirmed in 2017, when the Court of Appeal upheld the Bauchi State High Court’s decision. The Court dismissed an appeal by the Bauchi State House of Assembly, ruling that Danna’s suspension violated her constituents’ right to representation and that withholding her salary was illegal. This reinforced the principle that lawmakers must be allowed to fulfill their roles without undue interference.
In 2018, Falana’s firm represented Honourable Abdulmumin Jibrin, a member of the House of Representatives who was suspended for 180 days after accusing the House leadership of padding the 2016 national budget. The Federal High Court ruled in Jibrin’s favor, nullifying the suspension and ordering the payment of his withheld salaries and allowances, reinforcing the judiciary’s role in protecting lawmakers from unwarranted suspensions.
Senator Ali Ndume’s 2017 suspension by the Senate, under the leadership of Bukola Saraki, was also challenged by Falana’s firm. The Federal High Court annulled the suspension, ruling that it violated Ndume’s rights as an elected official. This case highlighted the critical role of the courts in upholding the constitutional rights of lawmakers and ensuring that suspensions are not carried out without due process.
Similarly, in 2020, the Federal High Court declared the suspension of Senator Ovie Omo-Agege by the Senate unconstitutional, confirming that such actions must follow due process and the law.
READ ALSO : Falana exposes Obasanjo’s deal on refineries
The statement also discussed the case of Honourable Sani Iyaku, who was suspended in 2020 by the Jigawa State House of Assembly after allegedly criticizing the state governor.
The Jigawa State High Court ruled that the suspension was in violation of the assembly’s standing orders and ordered Iyaku’s reinstatement along with the payment of his withheld allowances, which totaled N3 million.
Later in 2020, the Court of Appeal dismissed a motion filed by the Ondo State House of Assembly to prevent the reinstatement of three suspended members.
The Court ruled that the motion was frivolous and directed the immediate reinstatement of the lawmakers, reaffirming the judiciary’s role in protecting elected officials.
In August 2024, the Court of Appeal reinstated Honourable Iroju Ogundeji as the Deputy Speaker of the Ondo State House of Assembly. The decision underscored that only legal procedures could be followed in suspending or removing lawmakers from office.
Falana also pointed to cases in Kogi and Edo States, where courts annulled the illegal suspension of members of their respective Houses of Assembly in the past five years. In March 2024, Senator Abdul Ningi was suspended by the Senate after accusing the government of padding the 2024 national budget. As Falana’s firm prepared to challenge the suspension in court, the Senate reversed its decision, recalling Ningi and paying his withheld allowances.
In conclusion, Falana addressed the recent suspension of Senator Natasha Akpoti-Uduaghan, stating that the Senate’s actions, despite a Federal High Court order to restrain the Ethics Committee from hearing complaints against her, were illegal.
He called for the immediate lifting of her suspension, citing established legal precedents that support the protection of lawmakers’ rights.
Falana emphasized that the continued illegal suspension of legislators undermines the country’s democratic process.
He urged that such actions cease and that legislative bodies adhere strictly to the rule of law in all matters relating to the suspension of elected officials.
Crediblenewsng.com
