The suspended lawmaker representing Bauchi Central Senatorial District, Senator Abdul Ningi has given the President of the Senate, Godswill Akpabio a 7-day ultimatum to recall him all face legal action.
The lawmaker through a letter written to Akpabio through his lawyer, Femi Falana, a Senior Advocate of Nigeria (SAN) also threatened to drag Akpabio to the Disciplinary Committee of the Nigeria Bar Association (NBA) for flagrantly violating both a High Court and Court of Appeal ruling.
Ningi stated that Akpabio took laws into his own hands by arrogating to himself the powers of accuser and judge in his own case.
The Bauchi lawmaker contended 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.”
Senator Ningi, a member of the opposition Peoples Democratic Party (PDP) was suspended for three months on March 12, 2024 after the Senate debated an interview he granted the BBC Hausa service where he the lawmaker alleged that the 2024 national budget was padded to the tune of N3trillion.
However, the outspoken lawmaker has resolved to fight back insisting that the decision of the Senate was unconstitutional as the Senate lacked the right to suspend from representing his people. He also contends that the decision of the Senate was direct affront on his fundamental human rights as guaranteed by the Nigerian constitution.
Part of the petition to Akpabio with the tittle, ‘Request To Lift The Suspension Of Senator Abdul Ahmed Ningi,’ reads:
“We are Solicitors to Senator Abdul Ahmed Ningi representing the Bauchi Central Senatorial District in the Senate of the Federal Republic of Nigeria (hereinafter referred to as “our client”) on whose behalf we write this letter.
“On March 9, 2024, our client granted an interview to the BBC Hausa Service on the 2024 Appropriation Act. He expressed his views on the budget of the Federal Government in exercise of his fundamental right of 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. 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.
“Even though it was alleged that you were indicted by our client in the interview, you presided over the proceedings of the Senate. It is on record that you were the accuser, the prosecutor and the Judge in your own case in utter violation of the provisions of section 36 of the Constitution of the Federal Republic of Nigeria, 1999 as amended and article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation of Nigeria, 2004
“At the end of the trial, you pronounced our client guilty and declared that the Senate do suspend Senator Abdul Nigin (Bauchi North) for three (3) months and he should forfeit all his entitlements and be disallowed from the precincts of the National Assembly Complex during the period of the suspension.
“He should also apologise to the Senate in writing, thereafter the Senate can consider his remorse and recall him.”
“Apart from violating our client’s fundamental right to fair hearing, the Senate violated the right of the entire people of the Bauchi Central Senatorial District to representation in the Senate for three months. 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 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 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 (7) 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.