A major legal battle is in the offing between the Nigerian Senate and Godswill Akpabio, its President on the one hand and Abdul Ningi, the Senator representing Bauchi Central District, who was suspended recently from the red chambers over the N3trillion budget padding saga.
Ningi, who in an interview with the BBC Hausa Service, had claimed that the 2024 budget was padded to the tune of N3.7 trillion, was slammed with a three-month suspension, in which he was warned not to come close either to the chamber or within its precincts, during the pendency of the sanction.
The suspension was sequel to the contention of Opeyemi Bamidele, Leader of the Senate, during a heated debate on March 12, that his privileges as a Senator had been breached by the Bauchi Senator by bringing him to the dispute, after Solomon Adeola, Chairman of the Senate Committee on Appropriation, flatly denied the allegation, indicating that what was construed as padding was meant for statutory transfers to federal government’s institutions on first line charge.
Ningi, who resigned from his position as the Chairman of the Northern Senators’ Forum (NSF) and was replaced by Abdulaziz Yar’Adua (Katsina Central), indicated his next move in a letter from Femi Falana (SAN), his lawyer, demanding immediate reinstatement by Akpabio.
In the letter, he warned that if the suspension placed on him was not lifted in seven days, the Senate President should await court papers and further report Akpabio to the Legal Practitioners Disciplinary Committee (LPDC), as a lawyer, who should know the rudiments of the law.
The letter reads in part: “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, the Senate President acted as the accuser, prosecutor and judge in the case. This was in utter violation of the provisions of Section 36 of the 1999 Constitution.”
Falana, who averred that apart from violating Ningi’s fundamental right to a fair hearing, the Senate also violated the right of the people of the Bauchi Central Senatorial District to representation in the Senate for three months, added: “This is a breach of Section 111 of the Constitution and Article 13 of the African Charter on Human and Peoples Rights Act.
“As you are no doubt aware, the Federal High Court had struck down the suspension of some members of the Senate and the House of Representatives who had accused the leadership of both houses of budget padding, corruption or abuse of office.
“Specifically, the court declared the suspension of the affected legislators illegal and unconstitutional. As a senior lawyer, you (Akpabio) ought to have drawn the attention of the members of the Senate to these decisions and several others where the high courts of some states and the Court of Appeal have held that no parliament in Nigeria has the power to suspend or expel a legislator and confiscate his salaries and allowances.
“In view of the foregoing, you will agree with us that the suspension of Senator Ningi and the denial of his entitlements are illegal and unconstitutional in every material particular.
“We are compelled to request you to ensure that the said suspension is lifted forthwith. However, if you fail to accede to our request seven days upon receipt of this letter, we shall not hesitate to pray the Federal High Court for the reinstatement of our client. We shall equally report you to the Legal Practitioners Disciplinary Committee for treating the judgments of the Federal High Court and the Court of Appeal with disdain.”