In this analysis, CHUKWU DAVID argues that the Senate might be utilizing suspension as weapon to silence the opposition, urging it to conform with the rule of law which is a feature of good governance
It has been observed over the years that the Senate uses suspension as an instrument of defense as well as control of its members who tend to pose a threat to the leadership in some way or another.
However, in the 10th Senate, it appears as if opposition lawmakers are facing the punitive action of suspension by the Senate, a development that provoked the insinuation that the Upper Chamber is inadvertently fighting to suppress opposition.
Either by design or coincidence, some actions of the Senate in the present dispensation have given critics room to accuse the Assembly of being intolerant of the opposition, following a scenario whereby only Senators from the leading opposition Peoples Democratic Party (PDP) were being suspended in the last one year.
In the 10th Senate under the leadership of Senator Godswill Akpabio, for instance, Senator Abdul Ningi, who represents Bauchi Central Senatorial District on the platform of the Peoples Democratic Party, was suspended in March, 2024.
Ningi was suspended for three months for alleging that Nigeria’s 2024 budget was padded, at a media interview. The controversy surrounding the 2024 budget was re-ignited by this allegation that it was padded to the tune of about N3.7 trillion, representing more than 10 per cent of the N28.78 trillion budget.
Ningi’s suspension followed a motion of urgent national importance moved by the Chairman of the Senate Committee on Appropriations, Senator Solomon Olamilekan Adeola, to address the allegation by Senator Ningi. Following a lengthy debate, the Senate resolved to suspend Senator Ningi over what it calls violations of legislative rules, allegations of misconduct, and unethical behaviour for the interview he granted on BBC Media on the 2024 Appropriation Act.
Ningi was recalled some two weeks to the end of his three-month suspension which is supposed to terminate on June 12, 2024. The Senate pardoned and recalled Senator Abdul Ahmed Ningi.
The recall process was initiated after a motion moved by Deputy Minority Leader Senator Abba Moro who expressed regret on behalf of the suspended senator and pledged to assume full responsibility for Ningi’s actions, acknowledging the gravity of the suspension.
The senator’s conduct during the period of suspension has been a matter of scrutiny and debate within the legislative body. The President of the Senate, Godswill Akpabio, announced the unconditional recall of Ningi after a brief plea by some lawmakers.
Recently, Senator Natasha Akpoti-Uduaghan, who represents Kogi Central Senatorial District and also a member of the opposition PDP, was equally suspended by the apex legislative Chamber.
Ningi was suspended for three months on March 12, 2024, for alleging that the 2024 budget was padded by the Senate Leadership. Ningi reportedly granted interview to the British Broadcasting Corporation (BBC), Hausa Service, where he allegedly claimed that the budget was padded to the tune of N3.7 trillion.
Ningi had alleged that President Bola Tinubu-led Federal Government was implementing two separate budgets, namely: N25 trillion budget presented to the National Assembly by the President for approval and N28.7 trillion budget which was what was actually approved by the National Assembly for the 2024 fiscal year.
In the interview Ningi told the BBC, Hausa Service that the Northern Senators Forum had engaged to review the 2024 budget for them, alleging that there was a budget of N28 trillion but what was passed by the National Assembly was N25 trillion, wondering where the allegedly padded N3 trillion would go.
However, when the matter was brought up for debate on the floor of the Senate and Senator Ningi was given an opportunity to defend himself, he said that he was quoted out of context by those who feasted on his BBC Hausa Service interview.
Ningi stated that he never explicitly claimed that the budget was padded, saying that his initial statement about two budgets being in operation had been misinterpreted and manipulated. He also highlighted the discrepancies in budget allocations to different senatorial districts, pointing out that some districts received significantly more funds than others.
Ningi’s defense was met with mixed reactions from the Senate. Some Senators urged caution and called for a fair hearing and to allow Ningi the opportunity to present his side of the story, while others criticized Ningi for causing unnecessary controversy and tarnishing the image of the Senate.
His efforts to defend and save himself from the wrath of his colleagues, however failed to yield fruits as he was eventually suspended for three months.
Senator Natasha Akpoti-Uduaghan’s suspension
On Thursday, February 20, 2025, the Senate witnessed another controversy that eventually led to the suspension of another opposition member of the Senate, Senator Natasha Akpoti-Uduaghan, representing Kogi Central Senatorial District on the platform of the Peoples Democratic Party.
Senator Akpoti–Uduaghan was not happy with the decision of the President, Godswill Akpabio, who directed that a new seat be allocated to her, which she defiantly refused to accept. At the same time, she wanted to speak outside the new seat allotted to her, which is in conflict with the provisions of the Senate Standing Rule, 2023 (As Amended). The rule stipulates that a member cannot speak from outside the designated seat.
Infuriated by the encounter, Senator Natasha granted a telephone interview to the Human Rights Radio, popularly known as Berekete Family, where she accused Akpabio of denying her of her privileges as a Senator, as well as obstructing her legislative activities in the Senate.
The politician also alleged that she was removed as the Chairman of the Senate Committee on Local Content due to her influence in siting of Five Mini LNG Plants in Ajaokuta, Kogi State, an allegation that attracted the anger of some Northern elements against the President of the Senate.
Obviously agitated by the action of Senator Natasha, the Senate directed its Committee on Ethics, Code of Conduct and Public Petitions, to investigate her over infractions allegedly committed against the rules of the Senate.
The Committee Chaired by Senator Neda Imaseun, was mandated to thoroughly investigate the matter and submit its findings and recommendations to the Senate in session within two weeks for necessary action.
The Imaseun probe Panel did not waste time in handling the matter, as it concluded its investigation and submitted its report, recommending that Senator Natasha Akpoti-Uduaghan be suspended for six months for violating the rules of the Senate, which was unanimously adopted after debate.
Legality of suspension
The legality of the issue has drawn national attention. While the Senate claims it has the power to suspend any erring member, it has been argued according to many decided cases, that the activities must not be at variance with the laws of the land.
Some lawyers have vehemently criticised the action of the Senate in suspending its members. Specifically, Senior Advocate of Nigeria (SAN) and human rights lawyer, Femi Falana, has condemned the suspension of Senator Natasha Akpoti-Uduaghan, describing it as the height of legislative recklessness.
Falana condemned the Senate for violating multiple court rulings that have consistently declared legislative suspensions illegal. He noted that despite a Federal High Court order restraining the Senate Ethics Committee from proceeding against Akpoti-Uduaghan, the Senate defied the order and went ahead with the suspension.
Citing a series of past legal victories against unlawful legislative suspensions, Falana outlined multiple cases where Nigerian courts had declared such actions unconstitutional.
He cited, for example, the case of Hon. Dino Melaye & 10 Others (2010), where the Federal High Court ruled his suspension illegal and ordered payment of withheld salaries and allowances.
Also, the case of Hon. Rifkatu Danna (2012 & 2017), when her suspension by the Bauchi State House of Assembly was nullified by both the State High Court and the Court of Appeal, reaffirming her constituents’ right to representation.
Other lawyers and civil society organizations have also condemned the nation’s apex legislative Assembly for always using suspension as instrument of oppression and suppression of opposition voices.
Socio-Economic Rights and Accountability Project (SERAP) said “Suspending Mrs Akpoti-Uduaghan for peacefully exercising her right to freedom of expression has made her opinion in the Senate ineffective.”
“No member of the Senate should suffer any consequences for peacefully exercising their freedom of expression. A higher degree of tolerance is expected when it is a political speech and an even higher threshold is required when it is directed towards government officials including members of the Senate.”
“The unlawful restriction of Mrs Akpoti-Uduaghan’s right to freedom of expression has indirectly violated Nigerians’ right to receive information and ideas and seriously undermined the right of her constituency to political participation.”
“Given the impracticality of direct participation of all citizens, article 13 of the African Charter on Human and Peoples’ Rights provides that a citizen shall exercise political power either directly or through freely chosen representatives.”
“The suspension of Senator Akpoti-Uduaghan from the Senate has restricted and seriously undermined the ability of the residents of her Kogi Central Senatorial District to effectively participate in their own government. The suspension therefore constitutes a violation of article 13 provisions.”
Similarly, a legal expert, Oghenejabor Ikimi, Esq, condemned the suspension of Senator Natasha Akpoti-Uduaghan, describing it as unconstitutional and a violation of her constituents’ right to representation.
In a statement, the fiery critic argued that the Senate had no legal authority to suspend the Kogi Central lawmaker, referencing a Court of Appeal ruling in Speaker, Bauchi State House of Assembly vs. Hon. Rifkatu Samson Danna (2017).
The ruling held that lawmakers, not being employees of the legislature, could not be suspended or have their entitlements withheld. “The suspension of Senator Akpoti-Uduaghan is lawless and unconstitutional. No legislative house can deprive the people of their right to representation,” the statement read.
However, observers found it ludicrous that the lawmakers carried out the act, without recourse to law. Worst still is the fact that arrangements are underway to recall her from the National Assembly.
