Human rights lawyer Femi Falana has strongly condemned the suspension of Senator Natasha Akpoti-Uduaghan by the Nigerian Senate, calling it an abuse of power.
Akpoti-Uduaghan, who represents Kogi Central, was suspended for six months following a heated exchange with Senate President Godswill Akpabio on February 20. The controversy began when she protested the reassignment of her seat in the Senate, claiming it was an attempt to silence her. The situation escalated when she later accused Akpabio of sexual harassment on February 28.
On March 5, a Federal High Court in Abuja ordered the Senate Committee on Ethics, Privileges, and Public Petitions to halt its disciplinary proceedings against her. However, the committee disregarded the court’s order and proceeded with its hearing, ultimately recommending a six-month suspension. The committee also stated that her suspension could be reduced if she offered a public apology.
The Senate accepted the committee’s decision, suspending Akpoti-Uduaghan for what they described as “gross misconduct” during a plenary session. This move has sparked criticism from legal experts and human rights advocates, with Falana leading the charge against what he calls “legislative recklessness.”
Falana noted that Nigerian courts have repeatedly overturned similar suspensions in the past. He referenced multiple legal cases, including a 2010 ruling where the House of Representatives was ordered to reinstate Dino Melaye and ten other lawmakers it had suspended.
“In 2012, our law firm also handled the case of Honourable Rifkatu Danna, the only female member of the 31-member Bauchi State House of Assembly. Danna was suspended in June 2012 for allegedly making uncomplimentary remarks when she challenged the lawmakers’ decision to approve the relocation of the headquarters of Tafawa Balewa Local Government Area of Bauchi State. But the Bauchi State High Court declared her suspension illegal and ordered the Bauchi State House of Assembly to reinstate her and pay her withheld salaries and allowances.
“In 2017, the Court of Appeal dismissed the appeal filed against the judgment of the Bauchi State High Court in respect of the illegal suspension of Honourable Rifkatu Danna. The Court upheld our submission to the effect that the suspension of the legislator constituted a breach of the right of the Bogoro Constituency to be represented by her in the state house of assembly. The Court equally held that the decision of the House to withhold the salaries and allowances of the legislator was illegal as she was not an employee but an elected member of the Bauchi State House of Assembly.
“In 2018, our law firm equally handled the case of Honourable Abdulmumin Jibrin, a member of the House of Representatives who was suspended for 180 days for accusing the Yakubu Dogara-led House of padding the 2016 national budget. The Federal High Court nullified the suspension and ordered the payment of the withheld salaries and allowances of the legislator. Based on the case of the Speaker, Bauchi State House of Assembly v Honourable Honourable Rifkatu Danna (2017) 49 WRN 82 which is the locus classicus on the subject matter, the 2017 suspension of Senator Ali Ndume by the Bukola Saraki-led Senate was annulled by the Federal High Court. The case was filed on behalf of the Senator his lawyer, Marcel Oru Esq.
Falana added, “In the same vein, the 2020 suspension of Senator Ovie Omo-Agege was declared illegal and unconstitutional by the Federal High Court. The case was filed on behalf of the Senator by Edward Omaga Esq. Sometime in 2020, the Jigawa State House of Assembly suspended a lawmaker, Hon. Sani Iyaku, over alleged criticism of the state governor, Alhaji Muhammad Abubakar Badaru who was on a visit to Hadejia town for a wedding ceremony. Honourable Iyaku challenged his suspension in the Jigawa State High Court,” he stated.
“The trial Judge, Justice Ahmed ruled that the action of the Assembly did not comply with order 15 rule 74 (2)(c) and (3) a, b of the state House of Assembly standing orders 2017 and therefore declared the suspension illegal, inappropriate, null and void. The court also directed that the defendant be paid his three-month allowances withheld to the tune of N3 million.
“On November 18, 2020, the Court of Appeal, sitting in Akure, Ondo State dismissed the motion for stay of execution filed by the state House of Assembly against the judgment of the High Court reinstating the three suspended members of the state assembly. The Presiding Judge, Justice Folayemi Omoleye, queried the appellants for bringing a frivolous appeal before the court, directing that the lawmakers should be reinstated immediately to resume their legislative duties.
“On August 13, 2024, the same court reinstated Hon. Iroju Ogundeji as the Deputy Speaker of the State House of Assembly. In a unanimous ruling, Justices Oyebisi Folayemi Omoleye, Frederick Oziakpono-Oho, and Yusuf Alhaji Bashir affirmed the decision made by Justice Akintan Osadebey, which reinstated the two-term legislator representing the Odigbo state constituency. In the past five years, the High Court sitting in Lokoja, Kogi State, and the National Industrial Court nullified the illegal suspension of members of the Houses of Assembly of Kogi and Edo State respectively.
“In March 2024, the Godswill Akpabio-led Senate suspended Senator Abdul Ningi (PDP; Bauchi) for three months for alleging that Nigeria’s 2024 budget was padded. The Senator instructed our law firm to challenge the suspension in the Federal High Court. We wrote to the leadership of the Senate to review the suspension given the illegality of the action. As we were preparing to challenge the suspension in the Federal High Court, the Senate recalled Senator Ningi and paid his withheld salaries and allowances.”
