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Akinwande Soji-Ojo
Umeh Kalu (SAN), counsel to the Senate President, Godswill Akpabio, has said that the decision and resolution to suspend the senator representing Bauchi Central, Abdul Ningi, was that of the Senate sitting in plenary and not the decision of Akpabio.
Kalu stated this in a letter addressed to human rights lawyer, Femi Falana (SAN), titled, “Re: Request to Lift the Suspension of Sen. Abdul Ningi,” which was made available to newsmen in Abuja, on Thursday.
Ningi was suspended by the Senate for three months on March 12 over allegation that 2024 budget was padded by N3 trillion.
Falana had in a letter dated March 27, which was addressed to Akpabio, gave the Senate President a seven-day ultimatum to recall Ningi, threatening to drag the Senate President to court if Ningi was not reinstated within the stipulated time.
But Kalu said Akpabio’s role at the session of the Senate that led to Ningi’s suspension was and remains the statutory role of a Legislative House Presiding Officer.
“We are solicitors to Sen. Godswill Akpabio and write you in respect of the above subject matter at his instance.
“Your letter of March 27, with the above caption has been referred to us with instructions to react thereto.
“We have carefully read through your analysis of the facts and circumstances leading to your client’s suspension from the Senate.
“We are unable to find reason in your verdict of our client’s sole culpability in the said suspension. We therefore plead non est factum for our client.
“In addition to the above and contrary to the contents of your letter under reference, our client was at no time your client’s accuser, prosecutor and judge.
“Our client’s role at the session of the Senate that led to your client’s suspension was and remains the statutory role of a Legislative House Presiding Officer, which role equally includes pronouncing the majority decision of the Legislative House at the end of debate and voting.
“Permit us to mention your attempt at drawing our client’s attention to legal authorities and pronouncements of our courts of record on the unconstitutionality of suspending members of Legislative Houses.
“Which attempt we dare say was unhelpful, due to your failure or refusal to make available, the relevant particulars of the said court decisions in your letter.
“You may wish to provide these legal authorities which you have alluded to, bearing in mind that every decision of a court emanates from its peculiar facts, circumstances and extant laws.
“In as much as it may not be necessary to canvass herein all the remedies available to our client, in response to your threats of a court action and petition to the Legal Practitioners Disciplinary Committee (LPDC), it is important we mention that legislative proceedings are guided by rules.
“We urge you to give due consideration to the legal issues raised in this letter and be guided accordingly in your further and future action in respect of this matter,” the letter read.