“Dissatisfied with the interview, you caused our client to be put on trial before the Senate on March 14, 2024 contrary to the provisions of the Legislative Houses (Powers and Privileges) Act, 2018.”
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Falana, in the letter, said the Senate President acted as the accuser, prosecutor and judge in the case, saying this was in utter violation of the provisions of Section 36 of the 1999 Constitution.”
Falana argued that apart from violating Ningi’s fundamental right to a fair hearing, the Senate also violated the right of the people of the Bauchi Central Senatorial District to representation in the Senate for three months.
“This is a breach of Section 111 of the Constitution and Article 13 of the African Charter on Human and Peoples Rights Act,” the SAN said.
“As you are no doubt aware, the Federal High Court had struck down the suspension of some members of the Senate and the House of Representatives who had accused the leadership of both houses of budget padding, corruption or abuse of office.
“Specifically, the court declared the suspension of the affected legislators illegal and unconstitutional.
“As a senior lawyer, you (Akpabio) ought to have drawn the attention of the members of the Senate to these decisions and several others where the high courts of some states and the Court of Appeal have held that no parliament in Nigeria has the power to suspend or expel a legislator and confiscate his salaries and allowances.
“In view of the foregoing, you will agree with us that the suspension of Senator Ningi and the denial of his entitlements are illegal and unconstitutional in every material particular.
“We are compelled to request you to ensure that the said suspension is lifted forthwith.
“However, if you fail to accede to our request within seven days upon receipt of this letter, we shall not hesitate to pray the Federal High Court for the reinstatement of our client.
“We shall equally report you to the Legal Practitioners Disciplinary Committee for treating the judgments of the Federal High Court and the Court of Appeal with disdain.”