A Federal High Court sitting in Abuja
on Friday declared as illegal the suspension of Senator Ali Ndume by the Nigerian Senate
The trial Judge, Justice Babatunde Quadri, in a judgment he delivered yesterday held that the suspension of the Senator representing Borno South Senatorial District for 90 legislative days is illegal and unconstitutional.
The judge said the suspension, “is a violation of his right to fair hearing and freedom of expression as guarranteed by sections 36 and 39 of the extant Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 7(1) and 9(2) of the African Charter on Human and Peoples Rights, 2004.”
Recalled that, Ndume had been suspended on March 30, 2017 after he asked the Senate to investigate corruption allegations preferred against Senate President Bukola Saraki and Senator Dino Melaye, which was published in some national dailies.
Dissatisfied with the judgment of the trial court, the Senate said it will on Monday , November 13, 2017 appeal against the decision of Justice Quadri delivered yesterday in suit NO FHC/ABJ/CS/551/2017 instituted by Senator Ndume.
The Senate had challenged the jurisdiction of the trial Court to entertain the matter on the grounds that Ndume wrongly joined several causes of action in his Originating Summons and that an action for the enforcement of fundamental rights to fair hearing can only be brought against a court or a tribunal, established by law as held by the Supreme Court in several current cases, and not against Committee of a legislative body.
“That by the provisions of sections 3 and 30 of the Legislative Houses (Powers and Privileges) Act, the trial court lacked requisite jurisdiction to hear the suit of the Plaintiff.
The Senate’s argument was supported by various and current decisions of the apex court. The Senate of the Federal Republic of Nigeria which has the strong conviction that the decision of the trial court will be overturned by the Court of Appeal, has accordingly instructed the law firm of Mike Ozekhome’s Chambers, to file an appeal against the judgment immediately.