Nigerian human rights lawyer Femi Falana, has said that the Senate’s suspension of Senator Ali Ndume was illegal.
Senator Ali Ndume was suspended for six months, for raising false allegations
against the Senate President, Bukola Saraki and Dino Melaye through
order 14 and 15 at plenary last week.
The suspension followed report of Senator Samuel Anyanwu-led
committee on Public Petitions, Ethics and Privileges which recommended
for his suspension for one legislative year.
“The purported suspension of Senator Ali Ndume is the height of the
serial illegality in the senate. In Hon Dino Melaye & Ors v House of
Representatives (unreported) the federal high court declared the
indefinite suspension of the plaintiffs illegal and unconstitutional on
the ground that a legislator could not be suspended for more than 14
days,” Falana said in a statement released on Wednesday.
“But in House of Assembly v Hon Danna the Court of Appeal held that a
legislative house in Nigeria is not competent to suspend a member even
for a single day as it is a violation of the democratic rights of
members of his/her constituency”, he said.
He said the upper legislative chamber’s refusal to consider the appointment of 27 resident electoral commissioners (RECs)
because of President Muhammadu Buhari’s reluctance to sack Ibrahim
Magu, acting chairman of the Economic and Financial Crimes Commission
(EFCC), was an act of impunity.
“Pursuant to the powers conferred on it under section 3 (2) of the
Economic and Financial Crimes Commission Act, 2004 the senate has
refused to confirm the appointment of Mr Ibrahim Magu as the substantive
chairman of the (EFCC),” he said.
“However, President Buhari has decided to allow Mr Magu to continue
to head the EFCC in an acting capacity. The decision of the president
cannot be faulted by virtue of section 171 (1) (d) of the constitution
which provides that the president is vested with the power to appoint
the head of any extra ministerial department to hold office in an acting
capacity. Such appointment does not require the confirmation of the
senate.
“Completely aggrieved by the decision of the president to exercise
his constitutional powers in the circumstance the senate has decided not
to confirm the 27 newly appointed resident electoral commissioners
until Mr Magu has been removed from office.
“In asking for the removal of Mr Magu the senate said that the
anti-graft czar has been terrorising the senate. Should the senate
resort to such cheap blackmail because the embattled EFCC helmsman has
refused to compromise the prosecution and investigation of about 15
senators alleged to have been involved in serious economic and financial
crimes? Why should the Senate President, Dr Bukola Saraki not be
terrorised for the criminal diversion of N3.5 billion from the
London/Paris Club loan refund?
“Before now, sharp disagreements between the national assembly and
the executive had been submitted to the courts for judicial resolution
in line with the rule of law… In view of the settled state of the law on
summoning of critics by the national assembly and suspension of
legislators the senate is advised to reverse its illegal decisions and
quickly return to the path of constitutionalism in the interest of
lasting democracy in the country.
“However, if the senate remains intransigent the executive branch of
the government should adopt decisive measures to terminate the unending
rein of impunity in the national assembly”, he added.