Ndume: Falana kicks against suspension
Human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has kicked against the suspension of Senator Ali Ndume by the Senate.
He described the suspension as the height of the serial illegality in the Senate and urged the senators to reverse what he called illegal decisions.
The human rights lawyer said in a statement on Wednesday while citing the unreported case of Hon. Dino Melaye and Others vs House of Representatives, that the Federal High Court had declared the indefinite suspension of the plaintiffs illegal and unconstitutional on the grounds that a legislator could not be suspended for more than 14 days.
Falana also cited the case of House of Assembly vs Hon Danna, where the Court of Appeal held that a legislative house in Nigeria is not competent to suspend a member even for a single day as it is a violation of the democratic rights of members of his/her constituency.
He also stated that it was in the atmosphere of impunity, which has enveloped the Senate that the chairman of the Presidential Advisory Council on Corruption, Professor Itse Sagay, had been ordered to appear before the Senate for having the temerity to criticise the senators.
But citing the case of El Rufai vs House of Representatives (2003) 46 WRN 12, Falana argued that the Court of Appeal held that the House lacked the power to summon the appellant over a defamatory statement made by him as the power of investigation conferred on legislators is not for personal aggrandisement.
“In view of the settled state of the law on summoning of critics by the National Assembly and suspension of legislators the Senate is advised to reverse its illegal decisions and quickly return to the path of constitutionalism in the interest of lasting democracy in the country. However, if the Senate remains intransigent, the executive branch of the government should adopt decisive measures to terminate the unending rein of impunity in the National Assembly,” Falana explained.
He also noted that pursuant to the powers conferred on it under section 3 (2) of the Economic and Financial Crimes Commission (EFCC) Act, 2004, the Senate has refused to confirm the appointment of Mr. Ibrahim Magu as the substantive Chairman of the EFCC.
Falana added that President Muhammadu Buhari has decided to allow Magu to continue to head the EFCC in an acting capacity, stressing that the decision of the president cannot be faulted by virtue of section 171 (1) (d) of the constitution, which provides that the president is vested with the power to appoint the head of any extra ministerial department to hold office in an acting capacity.
According to him, such appointment does not require the confirmation of the Senate.
Falana noted that the Senate has decided not to confirm the 27 newly appointed Resident Electoral commissioners until Magu has been removed from office as EFCC chairman.
According to him, in asking for the removal of Magu, the Senate said the anti-graft czar has been terrorising the Senate.
