Rights Activist and Senior Advocate of Nigeria (SAN), Femi Falana has written to the Senate President, Senator Godswill Akpabio, seeking reversal of Senator Abdul Ningi’s suspension within seven days.
The Senate has suspended Sen. Ningi on the floor of the Senate for three months, over the allegation he brought that the National Assembly passed two versions of the 2024 budget.
The constitutional lawyer said that the senate, by its actions, violated the right of the entire people of the Bauchi Central Senatorial District to representation in the Senate for three months.
According to him, their action breached section 111 of the Constitution and Article 13 of the African Charter on Human and Peoples Rights Act.
Reacting, the law firm of Falana & Falana, had in the letter dated March 25th, signed by its principal, noted that Ningi’s trial before the lawmakers on March 14, was contrary to the provisions of the Legislative Houses (Powers and Privileges) Act, 2018, and violated their client’s fundamental right to a fair hearing.
In the letter titled “Request to lift the suspension of Senator Abdul Ahmed Ningi” Falana posited that the Senate President faulted by not drawing the attention of the lawmakers to a recent decision of the court which held that no parliament in Nigeria has the power to suspend or expel a legislator.
He, therefore, demanded that Ningi’s suspension be lifted within 7 days, failing which the matter will be taken to court for the reinstatement as well as a report to the Legal Practitioners Disciplinary Committee for treating the judgments of the Federal High Court and the Court of Appeal with disdain.
The letter reads in full;
We are Solicitors to Senator Abdul Ahmed Ningi representing the Bauchi Central Senatorial District in the Senate of the Federal Republic of Nigeria (hereinafter referred to as “our client”) on whose behalf we write this letter.
On March 9, 2024, our client granted an interview to the BBC Hausa Service on the 2024 Appropriation Act. He expressed his views on the budget in exercise of his fundamental right of freedom of speech guaranteed by section 39 of the Constitution of the Federal Republic of Nigeria, 1999 as amended 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. Dissatisfied with the interview, you caused our client to be put on trial before the Senate on March 14, 2024, contrary to the provisions of the Legislative Houses (Powers and Privileges) Act, 2018.
Even though it was alleged that you were indicted by our client in the interview, you presided over the proceedings of the Senate. It is on record that you were the accuser, the prosecutor and the Judge in your own case in utter violation of the provisions of section 36 of the Constitution of the Federal Republic of Nigeria, 1999 as amended and article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation of Nigeria, 2004
At the end of the trial, you pronounced our client guilty and declared
“That the Senate do suspend Senator Abdul Nigin (Bauchi North) for three (3) months and he should forfeit all his entitlements and be disallowed from the precincts of the National Assembly Complex during the period of the suspension. He should also apologise to the Senate in writing. Thereafter, the Senate can consider his remorse and recall him;”
Apart from violating our client’s fundamental right to fair hearing, the Senate violated the right of the entire people of the Bauchi Central Senatorial District to representation in the Senate for three months. This is a breach of section 111 of the Constitution and Article 13 of the African Charter on
