The principle of Nemo Judex in Causa Sua (no person must be a deem in their gain case) has been fully unnoticed in this topic on the unconstitutional punishments meted out to Senator Natasha Akpoti-Uduaghan.
Ladies are grossly under-represented in Nigeria’s governance structures and to zero-in on both the sexual and political harassment of a female legislator is a disservice to our democracy. Such circulate has legitimised attacks on the freedom of expression, encouraged intimidation, and institutionalised sexual harassment in public spaces. All enlightened opinion can not but inquire of the instant reinstatement of Senator Natasha and a finish to reckless intimidation and harassment of legislators in the opposition…
The day long gone by, senators “overwhelmingly”, or rather, shamelessly, handed a vote of self belief in the Senate president, Godswill Akpabio, despite the sexual harassment allegation levelled against him by Kogi Central Senator Natasha Akpoti-Uduaghan. Nigerians beget detached not recovered from the disgrace displayed in how votes are taken in the Senate, as the viral video of the remark vote episode continues to circulation. The Senate president had proposed a circulate that after Natasha’s six-months suspension, she would detached want to apologise earlier than she will also simply be re-admitted into the Senate. He known as for the remark vote and the overwhelming majority said “NAY.” He decided they did not hear him successfully and repeated the circulate, again, the majority said “NAY.” The identical thing took plight the third time when the almighty Senate president decided to train that the “Ayes” beget it.
The meaning of this incident is evident. Senators beget had their mandates confiscated by President Akpabio and no topic he decides to train is absolutely the law in the upper chamber. The Senate is the very finest expression of political tyranny in up to the moment Nigeria, the establish the “distinguished” must not allowed to vote against a determination of their tyrant.
There became, subsequently, no shock that the Senate handed the vote of self belief on the tyrant that runs it. I became, on the opposite hand, vastly bowled over that the members of the upper chamber had the temerity to induce Nigerians to not allow the allegations of sexual harassment against their tyrant again as a distraction from the legislative responsibilities of the Meeting. What sense of accountability beget they portrayed to rely on admire from Nigerians. In the meantime, Senator Natasha Akpoti-Uduaghan, a mettlesome warrior who had accused Mr Akpabio of sexual harassment, had also reported the topic, alongside in conjunction with her suspension from the Senate, to the Inter-Parliamentary Union (IPU).
I assume that the evidence is evident that the Nigerian Senate’s determination to hunch Senator Natasha Akpoti-Uduaghan for six months is an unconstitutional dart that undermines democracy and objects a abominable precedent for legislative governance. The suspension of an elected senator contradicts Sections 68 and 69 of the 1999 Constitution, which clearly outline the appropriate processes for a legislator to lose their seat. Fragment 68(1) & (2) states that a legislator’s seat can finest be declared vacant under particular conditions akin to resignation, defection, conviction, or recall by constituents thru the Independent National Electoral Commission (INEC). Fragment 69 stipulates that the recall activity is the staunch constitutional ability for removing an elected legislator, making the Senate’s determination legally baseless. By suspending Senator Natasha, the Senate has successfully denied the folk of Kogi Central Senatorial District their upright to illustration, an circulate that constitutes an abuse of vitality.
A majority of members appear to oppose the reckless behaviour of their bosses but are insecure of losing their privileges. They know that they’re going to must beget wondered the impartiality of the Senate president, Godswill Akpabio, in handling the topic in which he’s the main accused individual but did nothing. Worthy more troubling is the determination the Senate’s Ethics Committee, clearly influenced by the management, to brush off the allegations of sexual harassment against Akpabio with out a stunning and neutral overview.
Many judicial rulings beget consistently declared legislative suspensions illegal. They include key instances akin to Honourable Dino Melaye v House of Representatives (2009), the establish the Federal High Court ruled that legislative chambers lack the authority to hunch elected members. “In Ali Ndume v Senate President & Ors (2018), the Court of Appeal nullified the senator’s suspension, reinforcing the principle that lawmakers can not be arbitrarily eliminated by their mates. In an identical draw, House of Meeting v Hon. Danna (2003) established that finest the judiciary or the residents beget the vitality to take away an elected first rate. The Senate is a qualified about these rulings but deliberately decided to ignore the law simply since the Senate president is inflamed with a colleague that has accused him of sexual harassment. There became quite about a grumblings within the Senate however the cowardly members simply establish not beget the balls to difficulty the tyranny they are subjected to by their gain management.
A majority of members appear to oppose the reckless behaviour of their bosses but are insecure of losing their privileges. They know that they’re going to must beget wondered the impartiality of the Senate president, Godswill Akpabio, in handling the topic in which he’s the main accused individual but did nothing. Worthy more troubling is the determination the Senate’s Ethics Committee, clearly influenced by the management, to brush off the allegations of sexual harassment against Akpabio with out a stunning and neutral overview. By so doing, they violate Fragment 36(1) of the 1999 Constitution, which ensures every citizen the upright to a stunning hearing.
It is miles serious to recall the case of the Speaker of the Bauchi Sigh House of Meeting versus Hon. Rifkatu Samson Danna (2017). This traditional case defined the plot of suspending a legislator from his/her capabilities in a sure formula. The following are the facts of the case: The Respondent in that case became a member of the Bauchi Sigh House of Meeting and she or he became suspended indefinitely. She filed a Lunge smartly with on the Bauchi Sigh High Court questioning the Decision of the House. Judgment became delivered in her favour; the House contested the judgement on the Court of Appeal, which on the opposite hand affirmed the determination of the High Court. The Court of Appeal said that the law maker, not being an worker of the House, can neither be suspended nor beget her entitlements i.e. wage and assorted allowances, withheld.
…the principle of Nemo Judex in Causa Sua (no person must be a deem in their gain case) has been fully unnoticed in this topic on the unconstitutional punishments meted out to Senator Natasha Akpoti-Uduaghan. The premise of sending out legislators who oppose the ruling social gathering is a truly convey menace to democracy and we as residents must not ever allow the legislature to be became into a tyrannical chamber that blindly helps it management, even supposing the beef up is under duress.
The courtroom, whereas taking its determination on the provision of section 111 of the 1999 Constitution, said that: “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…” The Court further had this to claim about the illegality of the suspension:
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“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 person must be a deem in their gain case) has been fully unnoticed in this topic on the unconstitutional punishments meted out to Senator Natasha Akpoti-Uduaghan. The premise of sending out legislators who oppose the ruling social gathering is a truly convey menace to democracy and we as residents must not ever allow the legislature to be became into a tyrannical chamber that blindly helps it management, even supposing the beef up is under duress.
Ladies are grossly under-represented in Nigeria’s governance structures and to zero-in on both the sexual and political harassment of a female legislator is a disservice to our democracy. Such circulate has legitimised attacks on the freedom of expression, encouraged intimidation, and institutionalised sexual harassment in public spaces. All enlightened opinion can not but inquire of the instant reinstatement of Senator Natasha and a finish to reckless intimidation and harassment of legislators in the opposition but additionally these in the ruling social gathering who’re terrorised into silence.
A professor of Political Science and trend consultant/knowledgeable, Jibrin Ibrahim is a Senior Fellow of the Centre for Democracy and Development, and Chair of the Editorial Board of PREMIUM TIMES.
