According to the Punch, Senator Ningi was suspended for three months after about three hours of debate over his interview where he alleged that the budget passed by the National Assembly for the 2024 fiscal year is N25tn while the one being implemented by the Presidency is N28.7tn.
The senator representing Bauchi Central in the Senate, Ahmed Ningi, has written the Senate President, Godswill Akpabio, through his lawyer, Femi Falana (SAN) demanding that if his suspension was not lifted in the next seven days he would drag the Senate before the Federal High Court.
Falana SAN had argued that Senator Ningi expressed his views on the budget of the Federal Government in the exercise of his fundamental right to 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.
The Learned Counsel also opined that the Senate President acted as the accuser, prosecutor and judge in the case, saying this was in utter violation of the provisions of Section 36 of the 1999 Constitution.
However, it is important to state that I do not hold brief for the Senate President nor the National Assembly, but as a student of International Comparative Constitutional Law and Legislative Process, it’s imperative that I contribute to the discussion.
The National Assembly has unfettered power to make laws for the greater good of the Nation as provided in Section 4 of the 1999 Constitution. A foremost Professor of Constitutional Law and a former Parliamentarian, Prof. Ali Ahmad had observed that misrepresentation of the role of the National Assembly and misapprehension of its process and procedure is not only pervasive but worsening.
Prof Ahmad strongly posited that the quality of analyses in the public space is affected by wrong assumptions and inaccurate generalizations and the surprising aspect is that specialists and professionals do not fare better, and the unfair criticism has affected the steady development of the National Assembly as a branch of government, compared to the Executive and Judiciary.
Unknown to many, similar to the other three branches of government, the Nigerian National Assembly derives its establishment and powers from the Constitution. However, there are four other additional sources that the National Assembly and State Assemblies rely on in the exercise of their legislative powers. These are the Legislative Houses (Powers and Privileges) Act, 2018, the Legislative Rules of each House such as the Senate Rules, 2015 the Standing Orders of the House of Representatives, 2016 and the Standing Orders of various State Houses of Assembly).
Other include legislative conventions practised for centuries and recognized by National Assemblies around the world. Lastly, there are also precedents or rulings by presiding officers.
Does the Senate have the power to suspend Senator Ningi from Parliament? Yes, the National Assembly has unfettered power to suspend any of its members within the period allowed by law and such suspension must be on the offence or crime that were stated in the statute.
The Power of the House to suspend any of its members is guaranteed by the powers conferred on the House through Section 14(1) of the Legislative Rules (Powers and Privileges Act 2018) provides that a person who publishes a report of a committee before it is laid to the Legislative House in a plenary, assaults or obstructs a member of a Legislative House within the chamber, assaults or obstructs a member of a legislative House while in the execution of his duties amongst other commits a contempt of a legislative house.
In addition, Section 14(2) of the same Rules states that where a member commits contempt of the Legislative House, the Legislative House may by resolution reprimand such person or suspend him from service of the Legislative House without pay for such period as may be determined by the House, but not to the end of a legislative session.
What can be deduced from the above provisions is that a member of the House can only be suspended if he/she commits contempt of the legislative house, any suspension that does not fall under the above-listed categories would be invalid on the ground that express mention of one thing means the exclusion of others.
The allegation that led to the suspension of Senator Ningi centred on the interview he granted to the BBC Hausa where he alleged that the budget passed by the National Assembly for the 2024 fiscal year is N25tn while the one being implemented by the Presidency is N28.7tn. The said allegation does not fall under the offences listed under the contempt of the Legislative House as provided by Section 14 of the Legislative Rules.
However, a closer scrutiny of Section 17 of the same Rules provides that a person who publishes any statement which falsely or scandalously defames a Legislative House or any committee, writing reflecting on the character of the President or Speaker, or chairman of a committee of a legislative House in the conduct of his duty or writing containing a gross, willful or scandalous misrepresentation of the proceeding of the Legislative House, commits an offence and is liable on conviction to a fine of N2,000,000.00 or imprisonment for a term of 12 months or both.
The above section is best fit for sanction on Senator Ningi but the provision did not provide for suspension but rather conviction to a fine of N2,000,000.00 or imprisonment for a term of 12 months or both. Relying on the position of the Court in EL-Rufai V House of Representatives, where the Court succinctly put that the National Assembly lacks power to adjudicate on the criminal matter that the clerk can only write to the Attorney General of the Federation for prosecution.
The decision of the Senate slamming a 3-month suspension on Senator Ningi has not only violated the right of the people of the Bauchi Central Senatorial District to representation in the Senate for three months but also unlawful.
Furthermore, the Court in Ndume v. Federal Government held that remanding the plaintiff in a correctional centre without a known offence in law is unlawful and any suspension of a member of the House beyond the provision of the law is also null and void.
In conclusion, it is safe to conclude that the purported suspension slammed on Senator Ningi on the allegation of false claim does not fall under an offence that can warrant suspension from the house. It is a case of false misrepresentation. The best bet the Senate would have done is to report the matter to the office of the Attorney General of the Federation for possible prosecution.
Fatai Abiodun read Law at the Baze University
