YESTERDAY, Senators “overwhelmingly”, or rather, shamelessly passed a vote of confidence on the Senate President, Godswill Akpabio, despite the sexual harassment allegations levelled against him by Kogi Central Senator Natasha Akpoti-Uduaghan.
Nigerians have still not recovered from the shame displayed by how votes are taken in the Senate as the viral video of the voice vote episode continues to circulate. The Senate president had proposed a motion that after Natasha’s six-months suspension, she would still have to apologise before she might be re-admitted. He called for the voice vote and the overwhelming majority said NAY. He decided they did not hear him well and repeated the motion, again, the majority said NAY. The same thing happened the third time when the almighty Senate President decided to announce the Ayes have it.
The Senate is knowledgeable about these rulings but deliberately decided to disregard the law simply because the Senate President is angry at a colleague that has accused him of sexual harassment. There has been a lot of grumblings within the Senate but the cowardly members simply don’t have the balls to challenge the tyranny they are subjected to by their own leadership.
The meaning of this incident is clear! Senators have had their mandate confiscated by President Akpabio and whatever he decides to announce is the absolute law in the upper chamber. This Senate is the highest expression of political tyranny in contemporary Nigeria where the “distinguished” are not allowed to vote against a decision of their tyrant.
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There was therefore no surprise that the Senate passed the vote of confidence on the tyrant that runs it. I was however surprised that the members of the upper chamber had the temerity to urge Nigerians not to allow the allegations of sexual harassment against their tyrant to serve as a distraction from the legislative responsibilities of Assembly. What sense of responsibility have they portrayed to expect respect from Nigerians?
Meanwhile, Senator Natasha Akpoti-Uduaghan, a brave warrior who had accused Mr Akpabio of sexual harassment had also reported the matter, along with her suspension from the Senate, to the Inter-Parliamentary Union (IPU).
I believe that the evidence is clear that the Nigerian Senate’s decision to suspend Senator Natasha Akpoti-Uduaghan for six months is an unconstitutional move that undermines democracy and sets a dangerous precedent for legislative governance.
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The suspension of an elected senator contradicts Sections 68 and 69 of the 1999 Constitution. These sections clearly outline the lawful processes for a legislator to lose his or her seat.
Section 68(1) & (2) states that a legislator’s seat can only be declared vacant under specific circumstances such as resignation, defection, conviction, or recall by constituents through the Independent National Electoral Commission (INEC).
Section 69 stipulates that the recall process is the only constitutional means for removing an elected legislator, making the Senate’s decision legally baseless. By suspending Senator Natasha, the Senate has effectively denied the people of Kogi Central Senatorial District their right to representation, an action that constitutes an abuse of power.
Many judicial rulings have consistently declared legislative suspensions unlawful. They include key cases such as Hon. Dino Melaye v House of Representatives (2009), where the Federal High Court ruled that legislative chambers lack the authority to suspend elected members.
Finally, the principle of Nemo Judex in Causa Sua (no one should be a judge in their own case) has been completely disregarded in this matter on the unconstitutional punishments taken against Senator Natasha Akpoti-Uduaghan. The idea of sending out legislators who oppose the ruling party is a very direct threat to democracy and we as citizens should not allow the legislature to be turned into a tyrannical chamber that blindly supports its leadership, even if the support is under duress.
“In Ali Ndume v Senate President & Ors (2018), the Court of Appeal nullified the senator’s suspension, reinforcing the principle that lawmakers cannot be arbitrarily removed by their peers. Similarly, House of Assembly v Hon. Danna (2003) established that only the judiciary or the electorate have the power to remove an elected official.
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The Senate is knowledgeable about these rulings but deliberately decided to disregard the law simply because the Senate President is angry at a colleague that has accused him of sexual harassment. There has been a lot of grumblings within the Senate but the cowardly members simply don’t have the balls to challenge the tyranny they are subjected to by their own leadership.
A majority of members appear to oppose the reckless behaviour of their bosses but are afraid of losing their privileges. They know that they should have questioned the impartiality of the Senate President, Godswill Akpabio, in handling the matter in which he is the main accused person but did nothing.
Even more troubling is the decision the Senate’s Ethics Committee, clearly influenced by leadership, to dismiss the allegations of sexual harassment against Akpabio without a fair and neutral review. By so doing, they violate Section 36(1) of the 1999 Constitution, which guarantees every citizen the right to a fair hearing.
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It is important to recall the case of the Speaker of the Bauchi State House of Assembly versus Hon. Rifkatu Samson Danna (2017). This classic case defined the issue of suspending a legislator from his or her functions in a clear manner.
The following are the facts of the case: The claimant in this case was a member of the Bauchi State House of Assembly and she was indefinitely suspended. She filed a Suit at the Bauchi State High Court questioning the Resolution of the House. Judgment was delivered in her favour; the House appealed the issue to the Court of Appeal and the Court of Appeal reaffirmed the decision of the High Court.
Women are grossly under-represented in Nigeria’s governance structures and to zero-in on both sexual and political harassment of a female legislator is a disservice to our democracy. Such action has legitimised attacks on freedom of expression, encouraged intimidation, and institutionalised sexual harassment in public spaces.
The court of Appeal states that the lawmaker, not being an employee of the House can neither be suspended nor withheld of her entitlements i.e. salary and other allowances. The court, while making decision on the provision of section 111 CFRN 1999, states: “The fixing of salaries and wages of the respondent lies within the province of the Revenue Mobilization Allocation and Fiscal Commission under section 111 of the constitution, certainly not the 1st and 2nd appellants.
“The 1st and 2nd appellants have no right to interfere with the salaries and allowances of the respondent serving as a member of Bauchi State House of Assembly. No Rules or Standing Order of Bauchi State House of Assembly can derogate these rights and privileges conferred on an elected member of the House of Assembly…”
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The Court further had this to say about the illegality of the suspension: That any member of the Bagoro constituency could have timeously challenged the indefinite suspension of their choice representative in the Bauchi State House of Assembly on the grounds that their accrued rights had been violated or breached by the appellants. The conduct of the appellants is the tyranny of the majority against an elected minority of the Bauchi State House of Assembly.
Peers of a legislator who suspend the members are deliberately committing the anti-democratic crime of depriving the said member’s constituency from representation in the legislature where they have been legitimately elected by voters.
Finally, the principle of Nemo Judex in Causa Sua (no one should be a judge in their own case) has been completely disregarded in this matter on the unconstitutional punishments taken against Senator Natasha Akpoti-Uduaghan. The idea of sending out legislators who oppose the ruling party is a very direct threat to democracy and we as citizens should not allow the legislature to be turned into a tyrannical chamber that blindly supports its leadership, even if the support is under duress.
Women are grossly under-represented in Nigeria’s governance structures and to zero-in on both sexual and political harassment of a female legislator is a disservice to our democracy. Such action has legitimised attacks on freedom of expression, encouraged intimidation, and institutionalised sexual harassment in public spaces.
All enlightened opinions cannot but demand the immediate reinstatement of Senator Natasha and a stop to reckless intimidation and harassment of legislators in the opposition but also those in the ruling party who are terrorised into silence.
Ibrahim is a professor of Political Science and development consultant/expert, and Senior Fellow of the Centre for Democracy and Development. He is also the Chair of the Editorial Board of Abuja-based online newspaper, PREMIUM TIMES.
