THERE is no doubt that every organization, institution or Association largely has the responsibility to regulate the conduct of its business and behaviour of members particularly when the business is session.
This is to ensure decorum, adherence and maintenance of set standards, unity of purpose and smooth proceedings.
Such power to setting standing rules must however not violate the core principles on which the society is founded such as the grundnorm.
It is against this backdrop that, the procedure for an elected political office holder such as Governor, Legislator whether at state or National Assembly, a local government council chairman can legally cease to function in office based only in accordance with the clear and unambiguous provisions the 1999 Nigerian Constitution of the Federal Republic of Nigeria (as amended).
It should be noted that while the constitution makes provisions for cessation of functions of a governor or president via impeachment proceedings, death, infirmity of body or mind rendering the holder of the office incapable of performance in such office, resignation or removal by election petition tribunal,there is no provision for suspension of a governor, law maker or Local Government Chairman.
Indeed, the only constitutional provisions for a Lawmaker for instance to vacate his office are exhaustively provided for in sections 68 and 69 (with regards to National Assembly) which are imparimateria with sections 109 and110 (in respect of State Assemblies). While no deliberate attempt is made here to reproduce the provisions of the above mentioned sections of the constitution due to lack of space, a careful perusal of same and indeed any other provisions of the constitution, definitely indicates that there is nowhere that suspension of an elected political office holder such as president, Governor, lawmaker or chairman of a local government is authorised in our constitution.
The story is however different under a military regime as they can with a stroke of the swagger stick or at best with draconian decrees tear to shreds all democratic structures,suspend or sack all elected office holders without any challenge whatsoever.
In a democratic setting however, anything not authorized by the constitution cannot stand.
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”
sub -section 4 of this section prohibits any other law being inconsistent with the constitution. It provides that “If any other law is inconsistent with the provisions of this constitution, this constitution shall prevail and that other law shall to the extent of the inconsistency be void”
This position is in tandem with the dictum of the immutable Lawlord Lord Denning in the case Mcfoy v UAC this ‘You cannot put something on nothing, it will collapse’
The courts have also maintained this position of the constitution in a plethora of other cases upholding the supremacy of the constitution and the nullity of anything done inconsistent with the grund norm.
In INEC & ANOR v MUSA (2003) 3 NWLR. (PT.806) 72 Ayoola JSC: adumbrated the propositions flowing from the supremacy of the constitution when it held ….”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 to state assemblies and anybody or organisation that makes or purports to make laws for the people.
With regards to suspension of law makers for instance, the courts have at every available opportunity deprecated any the acts purporting to remove or suspend democratically elected public office holders as they are inconsistent with constitutional provisions.
For instance, 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 whatsoever.The court further ordered that the withheld salaries and allowances of the lawmakers be paid without delay Again, In June 2012, Honourable Rifkatu Danna, the only female member
of the 31-member Bauchi State House of Assembly’s suspension for allegedly making unparliamentarily 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
theBauchi State High Court in respect of the illegal suspension of Honourable 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 also held that the legislature acted ultra vires it’s powers by withholding the salaries and allowances of the legislator
as she was not an employee but an elected member of the Bauchi State House of Assembly.
Similarly, in 2018, Honourable 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.
Furthermore, in 2017 suspension of Senator Ali Ndume by the BukolaSaraki-led Senate was annulled by the Federal High Court.
Similarly , the 2020 suspension of Senator OvieOmo-Agege was declared illegal and unconstitutional by the Federal High Court.
The same position of the law came to fore in 2020, when the Jigawa State House of Assembly suspended Hon. SaniIyaku, over alleged criticism of the state governor, Alhaji Muhammad Abubakar Badaru.
HonourableIyaku 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 in addition, directed 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 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.
These clear provisions of the constitution and the volley of decisions of our superior courts no doubt have chronicled herein, that the National Assembly or any other legislative house has no right under the constitution to suspend a democratically president elected lawmaker, Governor, local government chairman
A purportedly suspended Governor or lawmaker is not hired by members of the National or state House of Assembly c and cannot be fired albeit temporarily by same as in the case of employer and employee.
Furthermore allowing such unlawful suspension to stand will amount to subjecting the electorates to vicarious liability by depriving them of the constitutional rights to effective representation and governance which they voted for through the ballot box.
It is finally submitted that no democratically elected Governor, lawmaker, council chairman or president can be suspended from office as doing so will violate the clear provisions of the constitution.
