ALL over the world, every organization, institution or Association has the responsibility to set up rules of conduct of its business and behaviour of members particularly when the business is session.
This no doubt will ensure decorum, adherence and maintenance of set standards, unity of purpose and smooth proceedings.
Such liberty to setting standing rules must however not collide with the constitution of the society where the association or institution operates.
In the same vein, the procedure for the suspension of a Legislator in Nigeria, whether at state or National Assembly for instance must be in accordance with the clear and unambiguous provisions the 1999 Nigerian Constitution of the Federal Republic of Nigeria (as amended)
The only constitutional provisions for a lawmaker to vacate his office are exhaustively stipulated in sections 68 and 69 ( with regards to National Assembly) which are impair material with sections 109 and110 (in respect of State Assemblies).
For the sake of limitation of space in piece, the provisions of the above mentioned sections of the constitution cannot be reproduced hereunder but a careful perusal of same and indeed any other provisions of the constitution, definitely indicates that there is nowhere that suspension of a lawmaker is authorised in our constitution.
Can any thing not authorized from the constitution stand. Certainly not for in the words of the immutable Lawlord Lord Denning in the case Mccfoy v UAC ‘You cannot put something on nothing, it will collapse’ Indeed, Section, 1 of the 1999 constitution (supra) clearly Provides “This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria” while sub –section 4 of this section says “If any other law is inconsistent with the provisions of this constitution, this constitution shall prevail and and that other law shall to the extent of the inconsistency be void”
The courts have also maintained this position of the constitution in a plethora of cases upholding the supremacy of the constitution and the nullity of anything done inconsistent with the grand norm.
For instance in INEC & ANOR v MUSA ( 2003) 3 NWLR. (PT.806) 72 Ayoola JSC: adumbrated the propositions flowing from the supremacy of the constitution thus ….”where the constitution sets the condition for doing a thing , no legislation of the National Assembly can alter those conditions in any way, directly or indirectly unless of course the constitution itself as an attribute of its supremacy expressly so authorized “ This position applies mutatis mutandis to state assemblies and anybody or organisation that makes or purports to make laws for the people.
With regards to suspension of law makers, the courts have wasted no time in deprecating the acts maintaining that such purported removal or suspension not inconsistent with constitutional provisions remain nil, void and of no legal effect.
In 2010, the suspension of Honourable Dino Melaye and 10 other members of the lower chambers of the National Assembly for accusing the Dimeji Bankole-led House of Representative of corruption, was declared illegal, unconstitutional and of no effect whatso ver .The court further ordered that the withheld salaries and allowances of the lawmakers be paid without delay Similarly, In June 2012, Hon Rifkatu Danna, the only female member of the 31-member Bauchi State House of Assembly’s suspension for allegedly making unpaliamentary remarks while challenging the lawmakers’ decision to approve the relocation of the headquarters of Tafawa Balewa Local Government Area of Bauchi State, was declared illegal by the Bauchi State High Court
in addition to an order that the Bauchi State House of Assembly 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 Hon Rifkatu Danna. The Court indeed held 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 it that the legislature acted ultra cores it’s powers in its the decision to withhold the salaries and allowances of the legislator l as she was not an employee but an elected member of the Bauchi State House of Assembly.
In 2018, Hon Abdulmumin Jibrin, a member of the House of Representatives was suspended for180 days for accusing the Yakubu Dogara-led House of padding the 2016 national budget but the Federal High Court nullified the suspension and ordered the payment of the withheld salaries and allowances of the legislator.
Again in 2017 suspension of Senator Ali Ndume by the Bukola Saraki-led Senate died on arrival as it was annulled by the Federal High Court.
Similarly , the 2020 suspension of Senator Ovie Omo-Agege was declared illegal and unconstitutional by the Federal High Court.
This same position of the law came to fore in 2020, when the Jigawa State House of Assembly suspended Hon. Sani Iyaku, over alleged criticism of the state governor, Alhaji Muhammad Abubakar Badaru.
Hon Iyaku approached the Jigawa State High Court and successfully challenged his suspension at the state High court. The trial Judge has no difficulty in declaring the suspension illegal, inappropriate, null and void.
The court alsodirected that the suspended legislator be paid his three months allowances withheld, to the tune of 3 million Naira.
In March 2024, even the Godswill Akpabio-led Senate bowed to superior wisdom and had to review the suspension, of Senator Ningi and indeed recalled the Senator and paid his withheld salaries and allowances following Ningi’s Lawyer’s letter to the senate stating that the suspension was illegal and demanding the review.
From the clear provisions of the constitution and the volley of decisions of our superior courts chronicled herein, there is no iota of doubt that the National Assembly or any other legislative house has no right under the constitution to suspend an elected lawmaker.
A purportedly suspended lawmaker was not hired by his colleagues and cannot be fired albeit temporarily by same as in the case of employer and employee.
Further more allowing such unlawful suspension to stand will amount to subjecting the constituent of the suspended legislator to vicarious liability by depriving them of the constitutional rights to effective representation.
It is finally submitted that legislature should device other ways for the discipline of members, which in any case do not violate the provisions of the constitution.
