Natasha Akpoti-Uduaghan: Senators get power to suspend a fellow senator?
Di suspension of Nigeria Senator Natasha Akpoti-Uduaghan by her fellow senators last week still dey cause plenty tok-tok for di kontri.
Majority of di senators bin vote to suspend Mrs Akpoti-Uduaghan for six months afta di senate ethics committee find her guilty of "total violation of di Senate Standing Rules".
On top di suspension, di senate also withdraw all her privileges including her security, stop all her salaries and allowances, and ban her make she no come near di national assembly complex.
Akpoti-Uduaghan bin don carry di matter go court and di court bin order di senate ethics committee to hold on wit di panel wey dem bin call to investigate her, but di committee members still go ahead with di hearing as dem tok say di court order no dey binding on dem.
So e dey legal for members of di senate to suspend dia fellow senator? And for how long?
We break am down for dis tori by looking at how di Senate donn handle mata like dis in di past and also by analysing wetin dey di Senate rules.
Senate vs Ovie Omo-Agege - 2018
For May 2018, Justice Nnamdi Dimgba of di Federal High Court for Abuja bin nullify di six-month suspension wey di Senate bin sama on Ovie-OmoAgege wey bin dey represent Delta Central Senatorial District.
Dem suspend Omo-Agege sake of e address press conference wia e accuse di senate say dem dey plan against President Muhammadu Buhari by amending di electoral act.
Di senate committee on ethics bin dey investigate am bifor Omo-Agege carry di matter go court to stop di investigation. But di committee go ahead to recommend 181 days suspension for Omo-Agege.
For im judgement, Justice Dimgba say di Senate get constitutional duty to discipline dia member, but "such disciplinary measures must to comply wit provisions of di law".
E also tok say di senate no get power to suspend pesin for more dan 14 days wey be di maximum number of days wey prescribe by dia standing rule, .
Justice Dimgba reverse di suspension and order di senate to pay Omo-Agege all im outstanding salaries and allowances.
Senate vs Ali Ndume - 2017
Also, di case of Ali Ndume wey dey represent Borno South senatorial district for di Nigeria senate, na anoda case wia di court nullify di suspension of a senator and declare say e dey "illegal, unlawful and unconstitutional".
Justice Babatunde Quadri of di Federal high Court give dis judgement for November 2017 afta di senate suspend Ndume for 90 legislative days (six months) sake of say e accuse di senate president of dat time - Bukola Saraki - say e use fake custom papers to import bulletproof cars for imsef.
Oga Quadri also order for di senate to pay Ndume all im salaries and allowances.
Bauchi State Assembly vs Rifkatu Dana - 2013/2017
For May 2013, one Bauchi State High Court bin cancel di suspension of Rifkatu Dana wey be member of di state house of assembly wey chop suspension.
Dana wey be di only female member of di State Assembly dat time bin collect suspension bicos she criticise di assembly for approving di relocation of di headquarters of Tafawa Balewa Local Goment Area of di state.
Di court tok say her suspension dey illegal, and dem order di state assembly to reinstate her and pay her outstanding salaries and allowances.
However, di Bauchi State Assembly carry di matter go Appeal Court, and for 2017, di court of appeal also deliver judgement in favour of Rifkatu Dana.
Di court of appeal judgement tok say di lawmaker no be employee of di house of assembly, and so di house no get power to suspend her or deny her entitlements.
"No Rules or Standing Order of di Bauchi State House of Assembly fit derogate di rights and privileges conferred on an elected member of di House of Assembly. Di conduct of di appellants na tyranny of di majority against an elected minority of di Bauchi State House of Assembly," di judgement tok.
Na Femi Falana - a senior advocate of Nigeria - bin carry dis matter go court on behalf of Rifkatu Dana dat time.
Wetin di senate standing order tok?
Rule eight of di code of ethics of di National Assembly make provision for sanctions wey fit dey applied on top lawmakers wey disobey di rule, and one of di sanctions na "suspension from di Chamber or from a Committee for a definite period".
Also, section 67(4) of di senate standing order as amended provide say if a senator commit minor offence during plenary, di Senate President fit order di senator to leave di chamber for di duration of di legislative day.
If di offence dey more serious, however, "di Senate President go put di question on motion being made...dat such suspension being for anytime stated in di motion not exceeding 14 legislative days".
But section 67(8) tok say: "If any senator dey suspended under di provision of dis rule, di president of di Senate go direct am to withdraw. Im suspension go last until determined by di Senate".
Wetin legal sabi pipo tok
Femi Falana (Senior Advocate of Nigeria) tok say di suspension of Natasha Akpoti-Uduaghan na "di height of legislative recklessness".
"Di official impunity of suspending legislators at di whims and caprices of leaders of di federal and state legislative houses must not be allowed to continue in Nigeria," Falana tok for inside statement wey e release on Sunday.
Kelechi Ndubisi, one legal expert wey follow BBC Pidgin tok say Senator Akpoti-Uduaghan get good grounds to challenge her suspension for court.
"I hink she suppose challenge am for court bicos di suspension dey ultra vires to di pipo of Kogi Central wey elect her to represent dem," Barr Ndubisi tok.
"Her post no be by appointment, na pipo elect her put for Senate just like di oda senators for dia. I no tink say one elected official fit prevent anoda elected pesin from carrying out di duty wey her pipo elect her to do. Who go dey represent di pipo of Kogi Central for dis six months?" she ask.
Brief background
Dis whole gbas gbos start afta Mrs Akpoti-Uduaghan bin vex and para wen she find out say dem don change her sitting position for di senate chambers, and she no dey happy wit di new place wia dem assign to her.
But di senators say changing of sitting positions na normal tin and di senate president get power to reassign seats from time to time, and e no dey inform pesin or ask pesin opinion bifor e go reassign di pesin position.
Dem also say dat according to di senate standing rule, pesin must to be at di seat wey dem assign to am bifor di pesin go dey recognised to tok or contribute during plenary. Na dis rules dem allege say Akpoti-Uduaghan bin break.
However, Mrs Akpoti-Uduaghan later accuse Akpabio of sexual harassment, saying na bicos she refuse di advances of di senate president na why im dey persecute her.
Akpabio don deny di allegation.
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