We can recall that Senator Ningi of Bauchi central was suspended due to allegations of budget padding. Two weeks after his suspension, Senator Ningi wrote a letter to the Senate President, Godswill Akpabio, demanding the reversal of the suspension.
The Bauchi senator, through his lawyer Femi Falana (SAN), notified Akpabio that if his suspension wasn’t revoked within seven days, he would take the Senate to the Federal High Court.
Falana argued that Ningi’s suspension process was faulty.
In the letter, Femi Falana, referring to legal precedents, highlighted that Senator Ningi merely expressed his opinions on the federal government’s budget during the interview with the BBC Hausa Service on March 9 regarding the 2024 Appropriation Act, exercising his fundamental right to freedom of speech as enshrined in Section 39 of the 1999 Constitution of the Federal Republic of Nigeria and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.
He stressed that the Senate President, discontented with the interview, instigated Senator Ningi’s trial before the Senate on March 14, 2024, contravening the stipulations of the Legislative Houses (Powers and Privileges) Act, 2018. Falana, in his letter, asserted that the Senate President assumed the roles of accuser, prosecutor, and judge in the proceedings, thereby flagrantly disregarding the provisions of Section 36 of the 1999 Constitution.
Falana contended that besides infringing upon Ningi’s fundamental right to a fair hearing, the Senate also infringed upon the right of the people of the Bauchi Central Senatorial District to representation in the Senate for three months. He highlighted that this action constituted a breach of Section 111 of the Constitution and Article 13 of the African Charter on Human and Peoples’ Rights Act.
Falana pointed out that, as Akpabio is surely aware, the Federal High Court nullified the suspension of certain lawmakers from the Senate and the House of Representatives who had accused the leadership of both chambers of budget padding, corruption, or misconduct. Specifically, the court ruled the suspension of these lawmakers unlawful and unconstitutional.
He criticized the Senate President for disregarding the court’s ruling and failing to fulfill his duty as a senior lawyer. Akpabio should have brought the court’s decisions to the attention of the Senate members, including cases from various state high courts and the Court of Appeal, which have established that no parliament in Nigeria has the authority to suspend or expel a legislator and seize their salaries and allowances.
In conclusion, Falana asserted that based on these facts, it is evident that the suspension of Senator Ningi and the denial of his entitlements are illegal and unconstitutional. He urged Akpabio to lift the suspension immediately.
Moreover, Falana warned that if Senator Akpabio fails to comply with their request within seven days of receiving the letter, they will not hesitate to seek the reinstatement of their client through the Federal High Court. Additionally, they will report Akpabio to the Legal Practitioners Disciplinary Committee for disregarding the judgments of the Federal High Court and the Court of Appeal.
