The decision by some embattled lawmakers to contest their sanction by various legislative bodies, for allegedly going against the rules, is beginning to yield some fruits. KEHINDE OSASONA examines the trend
Background The simple role of the legislator is to make laws. However, in making laws, legislators often do more than this. Apart from the fact that they are elected to represent certain geographical areas and constituents which make them a link between government and the people, they actually enable society develop and prosper by the quality of laws they make. Similarly, legislators are educators and communicators, who enlighten their constituents about government policies and communicate progress of programmes. More importantly, in carrying out these tasks, they are doing so in their capacity as members of parliament. This means that the legislator must recognise that his duty to his constituency will confl ict sometimes with his larger responsibilities as a member of parliament. X-raying confl icting sections Meanwhile, Chapter IV of the 1999 Constitution (As Amended), Section 39(1) grants every person freedom of expression, including freedom to hold opinions and to receive and impart ideas and information, without interference. This appears to confl ict with Section 21 (2) of the Legislative Houses (Power and Privileges), Act 2018 which states that “where any member is guilty of contempt of a Legislative House, the House, may by resolution, reprimand such member or suspend him from the service of the House for such period as it may determine.” Suspension galore Blueprint recalls that lawmakers’ suspension practically became part of the democratic tradition at the inception of the 4th republic in 1999. Afterwards, gales of suspension had continually swept through Nigeria’s political landscape in the 8th Senate at both the state and federal legislature, thereby threatening legislative duty; not only that, prolong legal war that usually arises from such action, had also caused a drawback to the nation’s hardearned democracy. First to be suspended in the 8th Senate was former Senate leader, Ali Ndume, the lawmaker representing Borno South senatorial district, who was suspended for six months. Ndume’s suspension was sequel to recommendations by a resolution of the Examining legal implication of lawmakers’ suspension Ndume Omo-Agege Like us on: facebook: blueprint.ng twitter: @blueprintngr instagram: @blueprintNigeria The decision by some embattled lawmakers to contest their sanction by various legislative bodies, for allegedly going against the rules, is beginning to yield some fruits. KEHINDE OSASONA examines the trend upper legislative chamber to the Senate Committee on Ethics and Privileges, over a media report where the embattled lawmaker, was accused of indicting two senators. He reportedly accused Senate President Bukola Saraki of importing a bullet-proof range rover with fake documents, and perjury allegation against Senator Dino Melaye. Ndume had alleged that Melaye ‘did not graduate’ from the Department of Geography at Ahmadu Bello University, Zaria as claimed. Not done, he also alleged that the Senate’s invitation of Customs boss, Col Hameed Ali (rtd) was due to his (Ali) failure to clear Saraki’s bulletproof SUV. Alleging further, Senator Ndume had in a point of order, called on the Senate to investigate the allegation’ for according to him; it would correct any misconception against the upper chamber. He said: “During the week, two issues that bordered on our privileges came up that had to do with our distinguished Senate President, Bukola Saraki, reported in the paper. I have it here and with your permission, I will want to lay it down. The headline says: ‘Senate on vengeance after Nigerian customs seizes Senator Saraki’s range rover. Citing the case of former legislators, Ndume said: “During the 4th Assembly, Salisu Buhari was accused of certificate forgery, it was investigated and determined. In the 5th Assembly, Bello Masari was accused of certificate forgery, he was investigated and cleared. “In the 6th Assembly, Dimeji Bankole was accused of not having an NYSC certificate, it was investigated and cleared. Accordingly, I will appeal that we investigate and our colleagues will be cleared.” The matter was then referred to the committee on ethics and privilege by Ike Ekweremadu, the deputy Senate President who presided over plenary then. The committee, headed by Senator Samuel Anyanwu, was given four weeks to report on the matter. The fall-out of the allegations in respect of Melaye’s case was the appearance before the committee of the vice chancellor of Ahmadu Bello University, Zaria, Prof Ibrahim Garba, who eventually confirmed that Senator Melaye indeed graduated from the institution from the Geography Department in 2000. In the same vein, the importer of the armoured Range Rover, Tokunbo Akindele, while putting up a defense before the House, told the committee that the said cars did not belong to Saraki as being speculated. Asked if Senator Ndume was satisfied with the testimonies of the witnesses and persons concerned, he raised an issue concerning Melaye’s results. “Well, if the VC has said that Dino graduated from the university in 2000 then so be it. But I don’t know how somebody will serve in 1999 and graduate in 2000,” Ndume said. What followed was Ndume’s suspension by the Senator Samuel Anyanwuled committee for failing to conduct proper investigation before making “the allegations.” Thereafter, the suspension of Hon. Abdulmumini Jibrin who was suspended and also barred by the House from holding positions of responsibility till the end of the 8th Assembly. The suspension was contained in a report submitted by the Committee on Ethics and Privileges through its Chairman, Hon. Ossai Nicholas Ossai, which was consequently adopted by the voice votes of the House. Jibrin had accused the Speaker, Yakubu Dogara, and other principal officers of the Lower Legislative Chamber of padding the 2016 budget to the tune of over N40billion. It would be recalled that the lawmaker from Kano had made the allegation while the House was on recess. In whose interest? In many instances, the constituency which some of these lawmakers emerged from, often revolted over such suspension, claiming in most cases that their constituencies were being robbed of representation in the chamber as a result of such decision. Of particular reference was the position of the members of the Urhobo ethnic group in Delta state who went ahead to sue the Nigerian Senate for the suspension of their lawmaker, Senator Ovie Omo-Agege. The group, had through the chairman of the APC in Delta Central, Olorogun Adelabu Bodjor, said at an Urhobo people and supporters gathering in Ughelli, the headquarters of Ughelli North council area of Delta, that the Urhobo people would stand with their senator all the way. While justifying Omo-Agege’s suspension, Senator Saraki was quoted as saying that the lawmaker was sanctioned for taking an internal matter of the Senate to court. This was contrary to belief in some quarters that Omo-Agege was suspended over his opposition to the election reordering bill, Omo-Agege, who was billed to appear before the Senate Committee on Ethics, Privileges and Public Petitions over his comments on the amendment of Electoral Act, 2018, had sued the Senate in a bid to stop his appearance. The decision by Omo-Agege to take the Senate to court, according to Saraki, smacks of gross indiscipline, which would not be condoned by the upper chamber. Court’s intervention Prior to this time, a Yola High Court presided over by Justice Ambrose Mammadi, had in 2015, granted an interim injunction restraining the Adamawa State Assembly from suspending the member representing Mubi South Constituency, Abubakar Abdulrahman. The court also restrained the House from dissolving its standing Committee on Finance, Budget and Appropriation chaired by Abdulrahman pending the determination of the motion on notice. Abdulrahman had dragged the Speaker of the House, Kabiru Mijinyawa, and the Assembly before the court over his threemonth suspension and the dissolution of his committee. He was suspended because he granted a press briefing where he criticised the House for approving N11 billion virement in the state’s 2015 budget. Falana faults lawmakers’ suspension Corroborating the courts stance, a human rights lawyer, Femi Falana, SAN, fumed at incessant suspension of lawmakers pervading legislative chambers across the country. He argued that such actions meant that lawmakers have deprived their constituencies of representation, either temporarily or permanently. Falana said: “An elected legislator can only be removed either by the tribunal or court, or by the constituency that elected him. There is no provision for suspension or removal by the House.” Arguing further, the silk contended that lawmakers’ power of suspension for 14 days or for whatever length of time under the Legislative Houses (Power and Privileges) Act 2018, is contrary to the 1999 Constitution (as amended) and therefore void. Falana said: “Their internal rule cannot take precedence over the Constitution. Their rule has to be subject to the Constitution. In all, stakeholders are of the view that unnecessary bickering and acrimonies among lawmakers, will not serve their constituents any good. It is believed that in taking decisions, the various legislative chambers should be guided by law and not sentiments, as that is the only way the nation’s democracy can be deepened.
