How Courts Prevented the Unlawful Suspension of Nigerian Lawmakers

In 2010, our law firm represented Honourable Dino Melaye and 10 other legislators who were suspended for accusing the Dimeji Bankole-led House of Representatives of corruption. The Federal High Court ruled their suspension illegal and unconstitutional, ordering the payment of their withheld salaries and allowances.

Similarly, in 2012, we handled the case of Honourable Rifkatu Danna, the only female member of the Bauchi State House of Assembly. She was suspended for questioning the decision to relocate the headquarters of Tafawa Balewa Local Government Area. The Bauchi State High Court ruled her suspension unlawful and directed her reinstatement, along with the payment of her outstanding salaries and allowances.

In 2017, the Court of Appeal upheld the earlier ruling in Danna’s case, reaffirming that her suspension violated the rights of her constituents to be represented. The court also ruled that withholding her salaries and allowances was illegal since she was an elected official, not an employee.

In 2018, our law firm successfully challenged the 180-day suspension of Honourable Abdulmumin Jibrin, a House of Representatives member who accused the Yakubu Dogara-led House of budget padding. The Federal High Court nullified his suspension and ordered the restoration of his salaries and allowances.

The precedent set by these rulings influenced subsequent cases, including the 2017 annulment of Senator Ali Ndume’s suspension by the Federal High Court, following a case filed by his lawyer, Marcel Oru Esq. Likewise, in 2020, the Federal High Court declared Senator Ovie Omo-Agege’s suspension unconstitutional after a case filed by Edward Omaga Esq.

That same year, the Jigawa State House of Assembly suspended Hon. Sani Iyaku for allegedly criticizing Governor Muhammad Abubakar Badaru. The Jigawa State High Court ruled the suspension unlawful, reinstated Iyaku, and ordered the payment of his withheld allowances.

On November 18, 2020, the Court of Appeal in Akure dismissed an appeal by the Ondo State House of Assembly against a ruling that reinstated three suspended lawmakers. The presiding judge, Justice Folayemi Omoleye, criticized the appeal as frivolous and ordered the immediate reinstatement of the legislators.

More recently, on August 13, 2024, the Court of Appeal reinstated Honourable Iroju Ogundeji as Deputy Speaker of the Ondo State House of Assembly. The ruling affirmed an earlier decision by Justice Akintan Osadebey to reinstate the legislator.

Over the last five years, courts in Kogi and Edo states have also overturned illegal suspensions of legislators.

In March 2024, the Senate, led by Godswill Akpabio, suspended Senator Abdul Ningi for three months over allegations of budget padding. Our law firm challenged the suspension, leading to his recall and the restoration of his withheld earnings before the case proceeded to court.

Given the clear judicial stance against the illegal suspension of legislators, the suspension of Senator Natasha Akpoti-Uduaghan represents an extreme act of legislative recklessness. The Senate, having been restrained by the Federal High Court from proceeding with the matter, should have respected the rule of law and halted any actions against her.

The arbitrary suspension of lawmakers at the discretion of federal and state legislative leaders must no longer be tolerated in Nigeria.