Judicial Intervention Against Legislative Lawlessness
The illegal suspension of legislators in Nigeria has become an unfortunate trend, a tool wielded by those in power to silence dissent and suppress accountability. However, judicial intervention has consistently overturned these unconstitutional actions, reaffirming the supremacy of the law over legislative impunity.
A History of Judicial Rectifications
In 2010, our law firm handled the case of Honourable Dino Melaye and ten other legislators who faced suspension for exposing corruption under the leadership of then-Speaker Dimeji Bankole. The Federal High Court unequivocally declared their suspension illegal, reinstating their positions and ordering the payment of their withheld salaries and allowances. This was an early signal that the courts would not tolerate arbitrary legislative discipline.
Similarly, in 2012, Honourable Rifkatu Danna, the sole female legislator in the 31-member Bauchi State House of Assembly, was unlawfully suspended for challenging a controversial decision to relocate the headquarters of Tafawa Balewa Local Government. The Bauchi State High Court ruled her suspension unconstitutional and ordered her reinstatement along with the restitution of her financial entitlements. The 2017 Court of Appeal ruling further cemented this principle, affirming that her suspension violated not just her rights but also those of her constituents.
This pattern of abuse continued with the 2018 suspension of Honourable Abdulmumin Jibrin, who was punished for exposing budget padding within the House of Representatives. Once again, the Federal High Court nullified the suspension and mandated the full restoration of his withheld entitlements.
Judicial Precedents and Their Impact
The judiciary’s stance has been reinforced by several landmark rulings, notably the case of Speaker, Bauchi State House of Assembly v Honourable Rifkatu Danna (2017), which established a precedent that legislatures cannot arbitrarily suspend elected members. Citing this ruling, the Federal High Court overturned the 2017 suspension of Senator Ali Ndume and the 2020 suspension of Senator Ovie Omo-Agege, both of which were found to be unconstitutional.
Likewise, the Jigawa State High Court ruled against the suspension of Honourable Sani Iyaku in 2020 for merely criticizing Governor Muhammad Abubakar Badaru. The court emphasized that legislative procedures had been violated and declared the suspension null and void. Further, the Court of Appeal in Akure upheld similar decisions, reinstating three suspended lawmakers in Ondo State and, in 2024, reaffirming Honourable Iroju Ogundeji as the Deputy Speaker.
The Case of Senator Natasha Akpoti-Uduaghan: A Dangerous Precedent
Despite the numerous legal precedents declaring such suspensions unlawful, legislative houses continue to flout judicial authority. The recent suspension of Senator Natasha Akpoti-Uduaghan exemplifies this recklessness. Notably, the Federal High Court had already issued a restraining order preventing the Senate Ethics Committee from proceeding against her. Yet, in blatant disregard of due process, the Senate proceeded with her suspension.
This action mirrors the March 2024 suspension of Senator Abdul Ningi by the Godswill Akpabio-led Senate, which was later reversed after legal pressure forced a reconsideration. The ease with which legislative leaders continue to abuse their authority, despite repeated judicial admonitions, highlights a deep-seated culture of impunity.
The Need for Legislative Reform
The persistent illegal suspension of lawmakers is a direct affront to democratic principles. It undermines the fundamental right of constituents to representation and erodes public trust in legislative institutions. The courts have spoken unequivocally: such suspensions are unconstitutional. Yet, without structural reforms, legislative leaders will continue to exploit suspensions as a means of political persecution.
Moving forward, there must be stricter enforcement of judicial rulings and legal consequences for those who persist in abusing legislative authority. It is imperative that Nigeria’s lawmakers recognize that their powers are not absolute and that constitutional democracy demands adherence to the rule of law. The illegal suspension of legislators must end, and those responsible must be held accountable to ensure that democratic governance is upheld in Nigeria.
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Judicial Intervention Against Legislative Lawlessness