Senior Advocate of Nigeria (SAN) Jibrin Okutepa has declared that the suspension of Senator Natasha Akpoti-Uduaghan by the Nigerian Senate is illegal and unconstitutional. Speaking during an Arise TV Primetime interview, Okutepa emphasized that the power to suspend a member of parliament rests solely with the courts, not the legislative body.
Okutepa, a renowned lawyer and advocate for legislative and judicial reform, cited several Supreme Court rulings to support his position. He referenced the case of Elder Friday S. vs. Kogi State House of Assembly, where the Supreme Court unequivocally ruled that no member of a legislative house can be suspended or restricted from performing their legislative duties based on internal parliamentary rules.
“The Supreme Court has consistently and definitively pronounced on the illegality of suspending legislators. In the Elder Friday case, the Court ordered the Kogi State House of Assembly to pay the suspended member all his salaries, allowances, and emoluments and to allow him to resume his legislative duties,” Okutepa stated.
Senator Natasha Akpoti-Uduaghan was suspended by the Senate for six months following allegations of misconduct and breach of Senate rules. However, Okutepa argued that the suspension was not only illegal but also a violation of the principles of natural justice and fair hearing.
He highlighted the procedural irregularities in the Senate’s handling of the case, noting that the Senate President, Godswill Akpabio, who was the subject of Akpoti-Uduaghan’s initial petition, presided over the proceedings that led to her suspension. “The Senate President was the accuser, the presiding officer, and the judge in his own case. This is a clear violation of the principle of nemo judex in causa sua (no one should be a judge in their own case),” Okutepa explained.
Okutepa also criticized the Senate for ignoring a Federal High Court order that restrained the Ethics and Privileges Committee from proceeding with the case against Akpoti-Uduaghan. “The Senate, an institution that makes laws, blatantly disregarded a court order. This is a desecration of the Nigerian Constitution and an invitation to chaos and anarchy,” he said.
He further emphasized that no individual or institution, no matter how highly placed, has the right to disregard a court order. “If the Senate President, a lawyer, and other lawyers in the Senate can choose which court orders to obey, what example are they setting for ordinary Nigerians?” Okutepa questioned.
Okutepa called on the Senate to immediately lift Senator Akpoti-Uduaghan’s suspension and respect the rule of law. He urged the Senator to seek redress in court if the Senate refuses to comply. “The courts have consistently ruled against the suspension of legislators. If the Senate refuses to lift the suspension, Senator Natasha must go to court to enforce her rights,” he advised.
The Senior Advocate warned that the Senate’s actions set a dangerous precedent for Nigeria’s democracy. “When those who make laws disregard the rule of law, it undermines the very foundation of our democracy. The principles of fairness, equity, and justice must be upheld at all times,” he said.
Okutepa also called on the Nigerian Bar Association (NBA) and other professional bodies to hold lawyers in the Senate accountable for their actions. “Those of us who are ministers in the temple of justice have a higher responsibility to uphold the rule of law. We cannot afford to desecrate the Constitution,” he stated.
The post “Akpabio Played Accuser, Judge, & Presiding Officer In Akpoti-Uduaghan’s Case” – Okutepa SAN Condemns Senate For Ignoring Court Order appeared first on TheNigeriaLawyer.
