An Abuja-based lawyer, Mr Ken Harries says the judiciary lacks the jurisdiction to invalidate or interfere with Senate’s internal disciplinary processes.
By Chioma Ugboma
An Abuja-based lawyer, Mr Ken Harries says the judiciary lacks the jurisdiction to invalidate or interfere with Senate’s internal disciplinary processes.
Harries, who is also an and development communication strategist, made this known in his reaction to the controversy surrounding the suspension of Sen. Natasha Akpoti-Uduaghan by the senate .
The News Agency of Nigeria )NAN) reports that a Federal High Court in Abuja on Friday, awarded a fine of N5 million against the embattled senator for her “Satirical Apology” message which she posted on her Facebook page on April 27 in disobedience of the valid order of the court.
Justice Binta Nyako, in a judgment, ordered Akpoti-Uduaghan to tender an unreserved apology in two national dailies and on her Facebook page within seven days of the order, before she can purge herself of the contemptuous act against the court.
The judge also ordered the National Assembly to recall the suspended Kogi senator back into the senate for her legislative duties, describing her six-month suspension as “excessive.
NAN reports that Akpoti-Uduaghan, representing Kogi Central, was suspended on Feb. 25, by the senate for what it described as disrespect to parliamentary rules, and her alleged misconduct on its floor.
According to Harries, senate acted within its constitutional and procedural authority and any attempt by the judiciary to interfere would have been tantamount to judicial overreach and breach of Nigeria’s constitutional order.
“The suspended Kogi senator abused parliamentary privilege, which was not only witnessed by the Nigerian public but sadly became an obscene piece of destructive cinematic content circulated across the world. via the internet and other media platforms.
“Akpoti-Uduaghan’s action vented avoidable damage on the fragile public image of Nigeria in the comity of Nations, leading to senate exercising its constitutional powers and authority of the National Assembly as an arm of government.
“The doctrine of the Separation of Powers must be respected and preserved,” Harries declared in a statement.
He pointed out that the foundation of constitutional democracy across Europe and America had been built over centuries on strict and faithful adherence to principle of separation of powers which demanded respect for autonomy of each arm of government.
” In Section 4, 60 and 101 of the 1999 Constitution (as amended) the Legislature of the Federal Republic of Nigeria has the constitutional authority to regulate its internal affairs, including protection of the sanctity of its established procedures and practices
“The legislature is empowered by the constitution to discipline members, whose conduct (or misconduct) attempt to desecrate the solemn norms of the hallowed chambers.
“That overwhelming resolution by senate, approving the suspension was actually well founded upon the enormity of the alleged ethical breaches by Akpoti-Uduaghan and the negative impact of same on the institution of the senate.
“The Senate Committee on Ethics, Privileges, and Public Petitions painstakingly followed due process in the exercise of its assignment of investigation on the matter.
“The detailed records of the committee had clearly confirmed that there was strict adherence to the standard procedures.”
According to him, the constitutional right to fair hearing was upheld and Akpoti-Uduaghan was afforded adequate opportunity to respond and to defend the case against her.
” It was upon conclusion of all the processes that a case of gross misconduct was established and then recommendations approving her suspension were subsequently adopted by senate in plenary session.
“In defiance of the laid down practice and procedure of the senate as an institution , the senator hastily initiated an action in the High Court.
“The court issued an interim order, restraining the institution of the senate from performing its constitutional functions in proceeding with its internal investigation.
“That interim order which became a subject of review offends settled constitutional principles.
“Again, under Nigeria’s constitutional democracy, the judiciary, empowered under Section Six of the Constitution to perform its functions, is not imbued with powers to interfere or usurp legislative functions/powers granted to the national assembly,” he stated.
He noted that the Supreme Court of Nigeria in a settled judicial precedent, had long upheld the doctrine of the non-justiciability in respect of established internal legislative proceedings of the National Assembly (Senate and House of Representatives).
“The courts cannot, therefore, interfere with the legislature in the performance of their assigned constitutionally functions and powers to self-regulate itself as an institution in the discipline of its members.
“In fact, anything to the contrary would only be a recipe for anarchy and instability in our legislative houses both at the national and sub-national levels.”
Harries pointed out that Akpoti-Uduaghan’s claim that her suspension was retaliatory, allegedly due to accusations against the senate president, is, unsupported by any shred of evidence or the documented proceedings.
“The suspension followed due process under the senate’s Standing Orders, and certainly not a violation of her fundamental rights.
” Her decision to ignore the senate committee’s invitation and instead, resort to social media and the courts undermined the principle of parliamentary accountability,” he added. (NAN) (www.nannews.ng)
