Shocking Turn: Nigeria's Courts Halt Illegal Legislator Suspensions

Written by Femi Falana

Our legal firm represented Hon. Dino Melaye and ten other lawmakers who were suspended in 2010 for allegedly accusing the House of Representatives, commanded by Dimeji Bankole, of engaging in corruption. The Federal High Court ruled that the lawmakers' suspension was unlawful and unconstitutional and mandated that their wages and benefits that had been withheld be paid.

The case of Hon. Rifkatu Danna, the sole female member of the 31-member Bauchi State House of Assembly, was also handled by our legal company in 2012. In June 2012, Danna was suspended for reportedly using disparaging language when she questioned the lawmakers' decision to authorize the relocation of the Tafawa Balewa Local Government Area headquarters in Bauchi State. However, the Bauchi State High Court ruled that her suspension was unlawful and directed the Bauchi State House of Assembly to reinstate her and reimburse her for the salary and benefits that had been withheld.

In 2017, the Court of Appeal rejected an appeal against the Bauchi State High Court's ruling regarding Honorable Rifkatu Danna's unlawful suspension. Our argument that the legislator's suspension violated the Bogoro Constituency's right to have her represent them in the state house of assembly was upheld by the court. The Court further ruled that the House's decision to deny the lawmaker her salary and benefits was unlawful because she was an elected member of the Bauchi State House of Assembly rather than an employee.

The case of Hon. Abdulmumin Jibrin, a member of the House of Representatives who was suspended for 180 days in 2018 after accusing the House led by Yakubu Dogara of inflating the 2016 national budget, was equally handled by our law firm. The Federal High Court declared the suspension void and mandated that the legislator's withheld wages and benefits be paid.

The Federal High Court revoked the 2017 suspension of Senator Ali Ndume by the Bukola Saraki-led Senate, citing the Speaker, Bauchi State House of Assembly v. Honourable Honourable Rifkatu Danna (2017) 49 WRN 82 as the locus classicus on the subject. Marcel Oru Esq., the senator's attorney, filed the action.

Similarly, the Federal High Court ruled that Senator Ovie Omo-Agege's suspension in 2020 was unlawful and unconstitutional. Edward Omaga Esq. filed the action on the senator's behalf.

A legislator named Hon. Sani Iyaku was suspended by the Jigawa State House of Assembly at some point in 2020 for allegedly criticizing Alhaji Muhammad Abubakar Badaru, the state governor, while he was in Hadejia town for a wedding celebration.

In the Jigawa State High Court, Honorable Iyaku contested his suspension. The suspension was deemed unlawful, improper, and void by trial judge Justice Ahmed because the Assembly's action did not adhere to order 15 rule 74 (2)(c) and (3) a, b of the state House of Assembly standing orders 2017.

Additionally, the court ordered the defendant to receive N3 million in his three months' worth of withheld allowances.

The state House Assembly's move for a stay of execution against the High Court's ruling to reinstate the three suspended state assembly members was denied by the Court of Appeal, located in Akure, Ondo State, on November 18, 2020. Justice Folayemi Omoleye, the presiding judge, questioned the appellants for filing a pointless appeal and ordered that the MPs be reinstated right once so they could return to their legislative responsibilities.

The same court restored Hon. Iroju Ogundeji to his position as Deputy Speaker of the State House of Assembly on August 13, 2024. Justices Yusuf Alhaji Bashir, Frederick Oziakpono-Oho, and Oyebisi Folayemi Omoleye unanimously upheld Justice Akintan Osadebey's order to reinstate the two-term lawmaker from the Odigbo state constituency.

The unlawful suspension of members of the Houses of Assembly in Kogi and Edo State was overturned in the last five years by the National Industrial Court and the High Court in Lokoja, Kogi State.

The Senate, chaired by Godswill Akpabio, suspended Senator Abdul Ningi (PDP; Bauchi) for three months in March 2024 after he claimed that Nigeria's 2024 budget had been inflated.

The Senator gave our legal company instructions to file a Federal High Court challenge to the suspension. Given the illegality of the action, we wrote to the Senate leadership asking them to review the suspension.

The Senate recalled Senator Ningi and refunded his withholding wages and allowances just as we were getting ready to appeal the suspension in the Federal High Court.

The suspension of Senator Natasha Akpoti-Uduaghan is the height of legislative foolishness in light of the conclusive rulings of the High Courts and the Court of Appeal about the illegality of suspending elected members of Nigeria's legislative institutions.

The unlawful suspension must to be removed right now.

The Senate should have halted action in conformity with the rule of law as the Federal High Court had barred the Senate Ethics Committee from considering the complaint against the troubled senator until the move on notice was decided.

Lastly, Nigeria cannot continue to tolerate the official impunity of suspending lawmakers at the whim and whims of the heads of the federal and state legislatures.