Court rules legislative houses cannot suspend lawmakers

DDM News

The Court of Appeal has ruled that legislative houses cannot suspend elected members.

Diaspora digital media (DDM) gathered that suspending lawmakers violates their constituents’ right to representation as guaranteed by the Constitution of Nigeria, 1999 (as amended).

This decision was reaffirmed in the case of Speaker, Bauchi State House of Assembly v. Hon. Rifkatu Samson Danna (2017) 49 W.R.N.

The judgment remains a landmark ruling on the suspension of lawmakers by legislative houses in Nigeria.

The court emphasized that the relationship between a legislator and the House is not a master-servant relationship.

Instead, a legislator is a representative of the people, with membership guaranteed by the Constitution, not by any individual or group.

Any house rule that conflicts with the Constitution is null and void to the extent of its inconsistency.

Hon. Rifkatu Samson Danna was a member of the Bauchi State House of Assembly.

She was indefinitely suspended by the House, which prompted her to challenge the decision in court.

The Bauchi State High Court ruled in her favor, declaring the suspension unconstitutional.

The House of Assembly appealed the decision, but the Court of Appeal upheld the lower court’s ruling.

The Court of Appeal reaffirmed that a lawmaker is not an employee of the House.

Therefore, lawmakers cannot be suspended or denied entitlements such as salaries and allowances.

The court cited Section 111 of the Constitution, which assigns remuneration determination to the Revenue Mobilization Allocation and Fiscal Commission (RMAFC).

Legislative houses have no authority to interfere with a lawmaker’s salary and benefits.

Court’s judgment and implications

The court ruled that Hon. Danna’s indefinite suspension violated the rights of her constituents in the Bagoro Constituency.

Preventing a duly elected representative from carrying out their duties is unconstitutional and undemocratic.

The judgment condemned the actions of the House as “tyranny of the majority against an elected minority.”

The court stated that any constituent had the legal right to challenge the suspension.

Suspending a legislator denies voters their democratic right to representation.

This ruling has far-reaching implications for legislative houses across Nigeria.

Many legislative bodies have previously exercised arbitrary powers to suspend lawmakers.

The judgment reinforces that lawmakers derive their mandate from the people, not from fellow legislators.

Their tenure cannot be curtailed arbitrarily through suspension or other punitive measures.

Legal experts react

Legal experts have described the ruling as a victory for democracy and the rule of law.

Douglas Ogbankwa, Esq., a legal practitioner and policy analyst, emphasized the importance of respecting the Constitution.

He stated that suspending a legislator indefinitely is a “gross violation” of the law.

He added that legislative houses engaging in such acts are committing “utter illegality.”

Ogbankwa warned that ignoring the rule of law weakens democratic institutions.

He stated, “If you protect the rule of law while in office, it will protect you when you are out of office.”

Call for legislative compliance

The ruling serves as a warning to legislative bodies to align their rules with constitutional provisions.

Legal practitioners have urged lawmakers to respect democracy and avoid unconstitutional actions.

Unlawful suspensions undermine governance and weaken public trust in democratic institutions.

This judgment reminds legislators that the rights of the electorate must be protected.

Legislative houses must operate within the confines of the law at all times.

No elected representative should be unlawfully suspended from office.

The people’s voice must always remain heard in governance.

Conclusion

As Nigeria strengthens its democratic institutions, this judgment reinforces the importance of constitutional compliance.

Legislative houses must respect the principles of democracy and the rule of law.

Suspending lawmakers unlawfully sets a dangerous precedent that must be avoided.

The judiciary has made it clear that no legislative house can silence elected representatives without violating constitutional rights.

This landmark ruling will serve as a reference for future cases on legislative suspensions.

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