Senator Abdul Ningi, representing Bauchi Central, has issued an ultimatum to Senate President Godswill Akpabio to reverse his three-month suspension from the upper legislative chamber.
The suspension stemmed from Ningi’s controversial allegation that the 2024 budget had been padded to the tune of over N3trn and that the country was operating two budgets concurrently.
After a debate, the Senate voted to suspend Ningi for three months for failing to provide evidence to substantiate his claims.
But in a letter dated March 27 and sent through his counsel Femi Falana, Ningi asked Akpabio to lift his suspension or face legal action.
In the letter, Ningi argued that his suspension was “unconstitutional and illegal”, accusing Akpabio of violating his right to a fair hearing by acting as “the accuser, the prosecutor and the judge” in the matter despite being implicated in the budget padding allegation himself.
The letter cites previous court rulings that struck down the suspension of legislators in similar circumstances, stating that “no parliament in Nigeria has the power to suspend or expel a legislator.”
The letter reads: “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,” the letter reads.
“Apart from violating our client’s fundamental right to a 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 the Senate and the House of Representatives who had accused the leadership of both houses of 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.
“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 within seven days of the 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.”