Barely one week after its invasion by thugs, the Senate may be in for another crisis in view of Senator Ovie Omo- Agege’s refusal to accept the suspension slammed on him by the upper legislative chamber penultimate Thursday. He attended the plenary session last Wednesday, the same time the thugs forced their way into the chamber and stole the now recovered mace. TAIYE ODEWALE examines scenarios that may play out this week.
Omo-Agege architect of 90 days suspension In the eye of the Senate, Omo Agege is suspended for 90 legislative days but in the eye of the embattled senator, his suspension is not known in law, the reason why he still wants to be attending plenary. Foundation for the ensuing crisis can be said to be laid by Senator Ovie Omo- Agege (APC Delta Central) two weeks before his suspension when rather than explaining himself before the Senate Committee on Ethics, Privileges and Public Petitions, that was mandated to investigate him on remarks he made on the 14th of February, 2018 over new sequence of elections adopted by the Senate in its amendments to the 2010 Electoral Act. Instead, he slammed litigation on the committee and by extension, on the Senate.
The Court papers addressed to the Senate President, Bukola Saraki, by Summit Law Chambers on behalf of the Senator dated 26th March, 2018, reads: “Please be informed that the aforesaid matter has been fi led before the Federal High Court wherein Senator Ovie Omo-Agege (Plaintiff ) is seeking injunctive reliefs restraining his referral to the Senate Committee on Ethics, Privileges and Public Petition as a breach of his constitutionally guaranteed fundamental human rights amongst others.
“Find attached with this letter is the Advance Copy of the Originating Summons and Motion on Notice. It is significant to note that Rule 53 (5) of the Nigerian Senate Standing Orders 2015 states to the effect that once a matter has been fi led before the Court, the Senate must not take any action on the matter until same is heard and determined by the Court.
“Distinguished Senator, it is also well settled law that where an action is pending in court no party must take any action calculated to render the judgment of the court nugatory. The law is also trite where a plaintiff is seeking injunctive reliefs before the court, no party is allowed to take steps calculated to render a fait accompli on the court. See Ojukwu v Governor of Lagos State (1986) 3 NWLR (Pt 26) 39. “In view of the above, we submit that the Senate Committee on Ethics, Privileges and Public Petition cannot
invite the Plaintiff to appear before it until the matter he has fi led before the Federal High Court is determined one way or another. We believe that the Distinguished Senators will comply with the Rule of law on this matter”.
Court papers infuriate Senate The court papers however, rather than refraining the committee headed by Senator Sam Anyanwu (PDP IMO East), from forging ahead with the investigation, infuriated it and expeditiously made it to recommend suspension of Omo-Agege for taking the Senate to court over what it described as an internal matter .
Though the Committee recommended suspension that would last for 181 legislative days for Omo-Agege, but the Senate based on suggestion by its President, Bukola Saraki, reduced it to 90 legislative days. Signs that Omo- Agege based on advice from his lawyers, would not abide by the decision of the Senate emerged the very day he was suspended (Thursday, April 12, 2018), with a statement signed by his Senior Legislative Aide, Prince Efe Duku, describing the senate’s action as subjudice.
He said the issue upon which he was suspended was already before a court of competent jurisdiction and that the call by the Senate for disbandment of Parliamentary Support Group for President Buhari is left for the 50 members of the group to decide. The Statement reads in part: “As already well-known by many, the issues acted upon today (Thursday, April 12, 2018) by the Senate are pending before a court of competent jurisdiction and therefore subjudice. “It is the Senate’s view that the issues be withdrawn from court for an amicable resolution to hold.
Until a resolution is reached, it is better to respect the court processes by not commenting on them. “Also, we note that as part of the resolution of the issues, the Senate President, Distinguished Senator Bukola Saraki ruled that the Parliamentary Support Group, PSG, (Senate) for President Muhammadu Buhari should be disbanded.
This should be a matter for the over 50 members of PSG to decide, possibly with President Buhari on whose behalf they openly work as Distinguished Senators of the Federal Republic. “In the circumstance, we appeal for calm and assure that as a fervent believer in the rule of law, our Senator is in positive spirit. He remains an ardent supporter of Mr. President’s agenda for a better nation for all and will continue to work assiduously for his reelection”.
Breached suspension order Little wonder that on Wednesday last week, OmoAgege came and attended the Senate plenary without been personally prevented from entering by security agencies or sent out by fellow senators even in the face of invasion of the chamber by thugs allegedly brought by him. Further restating his stance of nullity on the suspension slammed on him was the statement he issued on that day after being interrogated by the Police on his presence in the chamber that day. The statement titled: “Senator Omo-Agege went to work today like other Senators; he did not remove the mace of the Senate” and signed by one Barrister Lucky Ajos, reads: ‘On Thursday, April 12, 2018, the Senate purportedly suspended Senator Ovie OmoAgege.
However, based on legal advice and his understanding of the current position of the law, Senator Omo-Agege today resumed work and sitting with his colleagues. A few champions of the unconstitutional, invalid and tyrannical suspension tried to stop him but those who opposed it welcomed and protected him throughout the sitting.
We are grateful to the many Distinguished Senators who stood by Senator OmoAgege. “We are aware of several media reports suggesting that Senator Omo-Agege personally removed or encouraged anyone to remove the Mace of the Senate. This weighty allegation is not true at all. “Following the said media reports on the Mace issue, the Police authorities decided to hear from Senator Omo-Agege. He has told the Police his perspective to help them carry out a proper investigation. He has since left the Police. Senator Omo-Agege trusts them to thoroughly investigate this very serious matter…..” Though Omo- Agege did not come for Senate plenary Thursday last week, a day after the invasion, but a very strong message was sent by him to those who feels he has no business coming there for now on account of been on suspension.
Omo-Agege restrains Police, DSS The message was the exparte order he got from the court in Abuja restraining the Police and operatives of the Department of State Services (DSS) from arresting him as regards the Wednesday invasion of the Senate. Omo- Agege is no doubt relying on his subsisting litigation against the Senate before the suspension and various court judgements against that in the past to view his suspension as nothing in the eye of the law.
A position also stated by a Lagos based lawyer, Barrister Felix Eshalomi in a television programme last week by submitting thus: “Granted that section 60 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), gives the Senate the power to regulate its own procedure, it is debatable whether the Senate reserves the power to suspend a serving senator, let alone suspend him for more than 14 days”.
The very reason according to him, all of such actions used to fail in the court of law when litigated against by affected lawmakers For instance on the 11th of November last year, the court in its ruling on 90 days suspension slammed on Senator Ali Ndume (APC Borno South), described it as nullity . The court, in a judgment that was delivered by Justice Babatunde Quadri, ordered the Senate and its President, Dr. Bukola Saraki, to pay the embattled lawmaker who is representing Borno South Senatorial District, all his outstanding salaries and allowances.
Senate’s suspension illegal? The judgment was sequel to a suit marked FHC/ABJ/ CS/551/2017, which Ndume filed to challenge his suspension for 90 legislative days (six months). Specifically, the plaintiff prayed the court for a “declaration that the suspension of the plaintiff for 90 legislative days (6 months) as a Senator in the service of the Senate of the Federal Republic of Nigeria via a letter dated 30th March, 2017 for expressing as a matter of privilege the insinuations/ allegations made online and national newspapers that the invitation of the ComptrollerGeneral of Customs was informed by seizure of the Bullet Proof SUV vehicle belonging to the Senate President purportedly cleared with fake National Assembly documents and the alleged First Degree saga of Senator Dino Melaye is a violation of his fundamental right to fair hearing and freedom of expression as guaranteed by sections 36 and 39 of the extant Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 7(1) and 9(2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 Laws of the Federation of Nigeria, 2004. “A declaration that the suspension of the plaintiff for 90 legislative days (6 months) from the service of the Senate as a Senator in the Senate of the Federal Republic of Nigeria witheffect from 29th March, 2017 as contained in the letter of 30th March, 2017, is illegal, unlawful, unconstitutional as it was done in violation of sections 68 and 69 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 13(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 Laws of the Federation of Nigeria, 2004. “
An order setting aside the purported suspension of the plaintiff from the Senate of the Federal Republic of Nigeria as contained in the aforesaid letter of 30th March, 2017.
According to the Judge, “Questions 2, 3 and 4, are hereby resolved in favour of the plaintiff while question 1 is not determined because I did not consider the issue of breach of Section 39 as I found doing so unnecessary in the circumstances. Consequently, reliefs 2, 3 and 4 are granted. “The suspension of the plaintiff is hereby declared illegal, unlawful and unconstitutional.
The purported suspension contained in the letter of 30th March, 2017 is hereby set aside. “The 1st and 2nd defendants are hereby directed to pay the plaintiff his outstanding salaries and allowances forthwith.
Falana corroborates In reaction to this, a Senior Advocate of Nigeria (SAN), Femi Falana stated that: “The Senate labours under the very erroneous impression that it can do anything, whether allowed by law or not; particularly when it purports to exercising its oversight functions. “Allegations of crime, certificate forgery, allegations regarding under-payment of Customs duties, are criminal offences that can only be investigated by the appropriate authorities, such as the Police.”
According to him, “Section 88, which the Senate always relies on, begins with the phrase: “subject to the provisions of this constitution”, which means the powers of the Police, the powers of the Auditor General of the Federation, the powers of the Attorney General of the Federation, the powers of the President, take presidence over the powers of the Senate to carry out an investigation. “The Senate with profound respect, the House of Representatives with Profound respect, cannot investigate allegations of crime. That is within the constitutional province of the Police.
“In matters regarding some of the distinguished Senators, the court has made definitive judicial pronouncements. Take for instance, no legislative House in Nigeria, can suspend a member for one single day and we have a plethora of authorities on this,” he stressed. Recalling a similar situation that occurred in 2010, Mr Falana said: “As a member of the House of Representatives, Senator Dino Melaye and 10 others, out of frustration, submitted a petition to the EFCC, alleging criminal diversion of funds by the Dimeji Bankole-led leadership of the House.”
According to him, the federal lawmakers had claimed that the House had been terrorized and scandalized and despite the advice given by lawyers to allow the law take its course, as a petition had been sent to the appropriate agency of government, they still refused to take their hands off the case. “Dino Melaye and 10 others were suspended indefinitely. I went to court for them and the court said: “Under your own rules, you cannot suspend a member for more than 14 days – Under what law did you suspend these 11 members of the House of Representatives for an indefinitely period of time?”
Subsequently according to him, the court ordered an immediate reversal as well as the reinstatement of Dino and other affected lawmakers then. He gave another instance involving the indefinite suspension of a member of the Bauchi House in 2012.
According to him, she was the only female and Christian in the House, consisting of 31 members and her suspension came as a result of a contribution she made, which the men considered as an ‘infra dignitatem’. The case was however raised in court after a letter written to the House was ignored and the law was properly examined by the High Court as well as the Court of Appeal.
“Relevant constitutional provisions were now determined by the Court of Appeal and the Court of Appeal ruled that no legislative House has the power to suspend a member even for a single day,” he stated. Apparently from the foregoing, Omo- Agege being a lawyer, relying on previous court judgements against the type of suspension slammed on him by the Senate, is emboldened to ignore the Senate’s resolution to that effect by attending its plenary. But would such an appearance be allowed from the Senator by the Senate today or anytime he comes around this week, now that the Senate President, Bukola Saraki is very much around along with his loyalists in the Senate? The emerging scenario is no doubt, a crisis ridden one which in the words of Senator Kabiru Marafa (APC Zamfara Central), may make the upper legislative chamber ends the way it started as a divided house.
