A series of judicial rulings over the years have consistently affirmed that the suspension of elected legislators in Nigeria is unconstitutional, setting a strong precedent against such actions by legislative houses.
Legal battles handled by Falana & Falana’s Chambers have played a significant role in challenging these suspensions. In 2010, the firm successfully overturned the suspension of Hon. Dino Melaye and 10 other legislators who were penalized for accusing the Dimeji Bankole-led House of Representatives of corruption. The Federal High Court ruled their suspension illegal and ordered the payment of their withheld salaries and allowances.
Similarly, in 2012, Honourable Rifkatu Danna, the only female member of the Bauchi State House of Assembly, was suspended for opposing the relocation of Tafawa Balewa Local Government headquarters. The Bauchi State High Court reinstated her, declaring the suspension unlawful. The ruling was upheld by the Court of Appeal in 2017, which affirmed that the suspension violated the rights of her constituency to representation.
In 2018, the Federal High Court nullified the 180-day suspension of Hon. Abdulmumin Jibrin, who had accused the Yakubu Dogara-led House of padding the 2016 national budget. The court ordered his reinstatement and the payment of his withheld entitlements.
The judiciary also intervened in the 2017 suspension of Senator Ali Ndume and the 2020 suspension of Senator Ovie Omo-Agege, both of which were annulled by the Federal High Court. In Jigawa State, Hon. Sani Iyaku’s suspension in 2020 over criticisms of the governor was declared unconstitutional by the state’s High Court, which ordered his reinstatement and the payment of his withheld allowances.
In Ondo State, the Court of Appeal, in November 2020, dismissed an appeal against the reinstatement of three suspended lawmakers, criticizing the appellants for filing a frivolous motion. The same court reinstated Hon. Iroju Ogundeji as Deputy Speaker of the Ondo State House of Assembly on August 13, 2024.
More recently, in March 2024, the Godswill Akpabio-led Senate suspended Senator Abdul Ningi for alleging that the 2024 national budget was padded. However, following legal pressure from Falana & Falana’s Chambers, the Senate reversed its decision and reinstated him with full benefits.
Renowned human rights lawyer Femi Falana, SAN, has condemned the latest suspension of Senator Natasha Akpoti-Uduaghan, calling it “the height of legislative recklessness.” He argued that, given previous court rulings, the Senate should have respected the law and refrained from proceeding with the suspension.
Falana further emphasized that suspending lawmakers at the discretion of legislative leaders undermines democracy and must be permanently halted. He urged the courts to continue upholding the rule of law in protecting the rights of elected representatives and their constituents.