By: Lydia Zakka
Several lawmakers who were suspended from the National Assembly (NASS) over the years have taken legal action to challenge their suspensions—and in some cases, they have emerged victorious. A recent high-profile suspension, that of Senator Natasha Akpoti-Udughan, has brought attention to a series of similar incidents involving members of both the Senate and the House of Representatives.
Akpoti-Udughan, who represents Kogi Central Senatorial District, was suspended for six months by the Senate last Thursday following her sexual harassment claims against Senate President Godswill Akpabio. Her formal petition against Akpabio, lodged the previous day, was dismissed as “dead on arrival” by the Senate. Despite the suspension, the Senate maintained its stance, voting not to reconsider the decision.
However, history shows that not all suspensions go unchallenged, especially when lawmakers believe their actions or statements were unjustly penalized. Several members have sought redress in the courts and, in some instances, were able to successfully overturn their suspensions.
Ali Ndume’s Legal Victory
One of the earliest and most notable examples occurred in March 2017, when Senator Ali Ndume of Borno South was suspended for 90 legislative days. The suspension followed Ndume’s call for a probe into serious allegations involving Senate President Bukola Saraki and Senator Dino Melaye of Kogi West. Ndume had accused them of various misdeeds, including the importation of a bulletproof Range Rover with fake documents and perjury.
In response to these allegations, the Senate Ethics Committee recommended the suspension of Ndume for bringing the Senate into disrepute. Undeterred, Ndume approached the Federal High Court in Abuja, challenging the suspension. In November 2017, the court ruled in his favor, declaring the suspension “illegal, unlawful, and unconstitutional.” The court ordered the Senate and Saraki to pay all outstanding salaries and allowances owed to Ndume.
Ovie Omo-Agege’s Court Battle
Another key case came in 2018 when Senator Ovie Omo-Agege, representing Delta Central Senatorial District, was suspended for accusing his colleagues of undermining President Muhammadu Buhari’s re-election bid. Initially suspended for 181 legislative days, the penalty was reduced to 90 days after Senate President Saraki intervened.
Omo-Agege, however, challenged his suspension in court. In May 2018, Justice Nnamdi Dimgba of the Federal High Court ruled that the Senate could only suspend its members for a maximum of 14 legislative days, as provided by the Constitution. The court declared Omo-Agege’s suspension for 90 days to be null and void, ordering the immediate reinstatement of the senator and the payment of all his outstanding salaries and allowances.
Jibrin and the House of Representatives
The fight for justice extended beyond the Senate to the House of Representatives as well. In 2016, Abdulmumin Jibrin, a member of the House representing Kiru/Bebeji Federal Constituency of Kano State, was suspended for 180 legislative days after accusing the House leadership of corruption. Jibrin had reported the matter to anti-corruption agencies, prompting a suspension that many saw as politically motivated.
Jibrin, like Ndume and Omo-Agege, took legal action. In 2018, a Federal High Court in Abuja ruled that his suspension was unlawful and unconstitutional. The court ordered the House to pay Jibrin all salaries and benefits for the period of his suspension.
Similarly, in 2010, a court ruled in favor of several House of Representatives members who were suspended indefinitely. The court found that the House had erred by suspending them for an extended period when the law only allowed for suspensions of up to 14 legislative days. The suspended members were subsequently reinstated and compensated for lost salaries.
However, The suspension of lawmakers is not without its controversies. The cases of Ndume, Omo-Agege, and Jibrin highlight a significant precedent that the judiciary can intervene when suspensions exceed constitutional limits or are deemed unlawful. For some, like Akpoti-Udughan, challenging a suspension in court might still be an option, as legal redress remains an essential tool for members of the National Assembly seeking to protect their rights and maintain their political careers.
As the current political landscape continues to unfold, the outcomes of these past court battles serve as a reminder that no suspension is final without a fair and legal review.
