By Unini Chioma
Criticizes Senate for Denying Senator Akpoti-Uduaghan Fair Hearing in Suspension
Dr. West Idahosa, a Senior Advocate of Nigeria (SAN) and former federal lawmaker, criticized the Nigerian Senate for its handling of the suspension of Senator Natasha Akpoti-Uduaghan, describing the Senate’s actions as a blatant disregard for a court order and a violation of constitutional principles.
Dr. Idahosa made the comments during Channels TV Politics, where he dissected the events leading to Senator Akpoti-Uduaghan’s suspension and the implications for Nigeria’s democracy.
Dr. Idahosa highlighted that the Senate, under the leadership of Senate President Godswill Akpabio, flagrantly disobeyed a court order served on the Senate’s Committee on Ethics and Privileges. The court order, which was publicly acknowledged and circulated on social media, was meant to halt any proceedings against Senator Akpoti-Uduaghan pending legal resolution. Despite this, the Senate rushed through a committee report and suspended the senator without affording her the right to a fair hearing, a clear violation of Section 36 of the Nigerian Constitution, which guarantees the right to a fair hearing.
“They not only wronged Senator Akpoti-Uduaghan, they wronged Nigeria,” Dr. Idahosa stated. He emphasized that the Senate’s actions undermined the judiciary, an institution they later criticized for being weak. “If I were the judge, I would make a strong point about this disobedience,” he added.
Dr. Idahosa revealed that the suspension appeared to be predetermined. He referenced the Senate proceedings, where the presiding officer was heard discussing preparations for Senator Akpoti-Uduaghan’s suspension even before the Ethics Committee had concluded its deliberations. “They decided her fate long before the Ethics Committee even met,” he said, describing the process as unfair and biased.
The dispute arose from the allocation of seating in the Senate chamber, a privilege determined by the Senate President. Senator Akpoti-Uduaghan protested her seat allocation, citing procedural irregularities. Dr. Idahosa argued that under Order 10 of the Senate Rules, the presiding officer should have prioritized her complaint and addressed it formally. Instead, her protests were ignored, and she was suspended without being given an opportunity to defend herself.
Dr. Idahosa pointed out that Section 4(8) of the Nigerian Constitution explicitly subjects the conduct of legislative duties to judicial oversight. This means that the judiciary has the authority to intervene in legislative activities if they violate due process. He referenced several past cases, including those involving Senators Dino Melaye and Ovie Omo-Agege, where courts ruled that lawmakers cannot be suspended for more than 14 days without a fair hearing.
“The courts have consistently held that you cannot suspend a sitting lawmaker for more than 14 days, and you cannot do so without hearing the other party,” Dr. Idahosa explained. He criticized the Senate for ignoring these legal precedents and imposing a six-month suspension on Senator Akpoti-Uduaghan, which effectively translates to eight or nine months due to the legislative calendar.
Dr. Idahosa also addressed the gender dynamics at play, noting that female politicians often face significant challenges in Nigeria’s political landscape. He argued that the Senate President, as the interpreter of the Senate’s rules, should have exercised compassion and recognized the unique struggles faced by women in politics. “The world recognizes the endangered nature of female politicians,” he said, referencing international declarations like the Beijing Declaration that advocate for gender equality in politics.
He questioned whether Senator Akpoti-Uduaghan’s actions warranted such a harsh punishment, especially given the procedural flaws in the Senate’s handling of the matter. “Shouldn’t she have been allowed to sit and protest later? The right to speak as a senator is guaranteed,” he asserted.
Dr. Idahosa described the Senate’s disobedience to the court order as “very damaging” to its reputation. He expressed disappointment that senior lawyers within the Senate, including the Senate President and the Majority Leader, would disregard a court order. “Power is an aphrodisiac,” he remarked, suggesting that the Senate’s actions were driven by political interests rather than legal principles.
He called for immediate corrective measures, urging the Senate to either hold a special session to reverse the suspension or for the courts to intervene with a mandatory injunction. “The way to correct this is to either hold a special session and revisit the decision or for the court to step in and order the suspension to be lifted,” he said.
Dr. Idahosa also called on the Kogi State government to intervene, emphasizing that Senator Akpoti-Uduaghan’s suspension denies Kogi State its rightful representation in the Senate. “Each time this happens, you deny Kogi State the right to a vote,” he said, warning that the absence of a senator could have significant implications during critical legislative decisions.