FORMER Senate Leader, Mohammed Ali Ndume, yesterday declared
that he had been vindicated with Federal High Court, Abuja’s
declaration of his suspension by the Senate as illegal and
unconstitutional.
The Borno South senator said that he never committed any offence
that should have warranted his suspension by the Senate.
Justice Babatunde Quadri held yesterday that the suspension of
Ndume for 90 legislative days “is a violation of his right to fair
hearing and freedom of expression as guaranteed by sections 36 and
39 of the extant Constitution of the Federal Republic of Nigeria
1999 (as amended) and Article 7(1) and 9(2) of the African Charter
on Human and Peoples Rights, 2004.”
Ndume said that he approached the Court when he was suspended
for declaratory judgment to challenge the action of the Senate and
to ask the court to declare the decision totally illegal against
the backdrop that there was no cause for him to be suspended in the
first place.
He expressed happiness over the judgement and noted that the
Senate erred because it lacked the right to suspend a member more
than two weeks, which is “what our rules say.”
“So where they got the power to suspend me for six months was
what I approached the court to seek declaration, and the court has
so declared that it was not right and it was illegal.”
Ndume said he had put everything that happened behind him,
including the entitlements he was denied of during the
suspension.
The lawmaker, who said that it was not possible to reverse the
period he was on suspension, added that he had left everything
including those behind the process to God.
He said that he had received a letter from the Clerk to the
Senate, Nelson Ayewoh, intimating him that his suspension would be
over on Tuesday 14th November, 2017.
He said that he would resume plenary on Wednesday, November 15,
2017.
Ndume said: “I am just from court and I thank God that the court
has declared my suspension unconstitutional, illegal and null and
void, and that was what I approached the court for declaratory
judgment and I got that judgment today.
“So, that nullifies my suspension which hitherto or ab initio I
said it was illegal, because first of all, there was no cause for
me to be suspended because I didn’t do anything that would have
warranted my suspension in the first place.
“And secondly also, the Senate doesn’t have the right to suspend
a member more than two weeks. That is what our rules say. So, where
they got the power to suspend me for six months was what I
approached the court to seek declaration and the court has so
declared that it was not right and it was illegal.
“Even though I have already spent out my illegal suspension
time, I did that not because of my person but because of the
institution so that individuals cannot just because they are
elected one among equal to lead the institution, to take advantage
or abuse the process and I thank God for that.
“And I also thank God that I am alive to have seen it, because
as I said several times, so many members lost their seats. A member
died in the Senate, two or three members died in the House of
Representatives and I am not better than them in any way. It could
have been me. So this power or this thing is just a transient
thing.
“I thank God for that and for today, for me to be able to see
that judgment too. And this is not victory for myself. It is not
personal. It is not that I am trying to prove anything. I am saying
that as part of somebody who has been in this democratic
institution for over 14years now, it behoves of me when things like
this happen to see that things are done correctly, and I hope that
my colleagues who have done that will equally see the wisdom in the
judgment of today.
“It is not a victory or anything; it is just strengthening
democracy and doing what is right.”
FORMER Senate Leader, Mohammed Ali Ndume, yesterday declared
that he had been vindicated with Federal High Court, Abuja’s
declaration of his suspension by the Senate as illegal and
unconstitutional.
The Borno South senator said that he never committed any offence
that should have warranted his suspension by the Senate.
Justice Babatunde Quadri held yesterday that the suspension of
Ndume for 90 legislative days “is a violation of his right to fair
hearing and freedom of expression as guaranteed by sections 36 and
39 of the extant Constitution of the Federal Republic of Nigeria
1999 (as amended) and Article 7(1) and 9(2) of the African Charter
on Human and Peoples Rights, 2004.”
Ndume said that he approached the Court when he was suspended
for declaratory judgment to challenge the action of the Senate and
to ask the court to declare the decision totally illegal against
the backdrop that there was no cause for him to be suspended in the
first place.
He expressed happiness over the judgement and noted that the
Senate erred because it lacked the right to suspend a member more
than two weeks, which is “what our rules say.”
“So where they got the power to suspend me for six months was
what I approached the court to seek declaration, and the court has
so declared that it was not right and it was illegal.”
Ndume said he had put everything that happened behind him,
including the entitlements he was denied of during the
suspension.
The lawmaker, who said that it was not possible to reverse the
period he was on suspension, added that he had left everything
including those behind the process to God.
He said that he had received a letter from the Clerk to the
Senate, Nelson Ayewoh, intimating him that his suspension would be
over on Tuesday 14th November, 2017.
He said that he would resume plenary on Wednesday, November 15,
2017.
Ndume said: “I am just from court and I thank God that the court
has declared my suspension unconstitutional, illegal and null and
void, and that was what I approached the court for declaratory
judgment and I got that judgment today.
“So, that nullifies my suspension which hitherto or ab initio I
said it was illegal, because first of all, there was no cause for
me to be suspended because I didn’t do anything that would have
warranted my suspension in the first place.
“And secondly also, the Senate doesn’t have the right to suspend
a member more than two weeks. That is what our rules say. So, where
they got the power to suspend me for six months was what I
approached the court to seek declaration and the court has so
declared that it was not right and it was illegal.
“Even though I have already spent out my illegal suspension
time, I did that not because of my person but because of the
institution so that individuals cannot just because they are
elected one among equal to lead the institution, to take advantage
or abuse the process and I thank God for that.
“And I also thank God that I am alive to have seen it, because
as I said several times, so many members lost their seats. A member
died in the Senate, two or three members died in the House of
Representatives and I am not better than them in any way. It could
have been me. So this power or this thing is just a transient
thing.
“I thank God for that and for today, for me to be able to see
that judgment too. And this is not victory for myself. It is not
personal. It is not that I am trying to prove anything. I am saying
that as part of somebody who has been in this democratic
institution for over 14years now, it behoves of me when things like
this happen to see that things are done correctly, and I hope that
my colleagues who have done that will equally see the wisdom in the
judgment of today.
“It is not a victory or anything; it is just strengthening
democracy and doing what is right.”
Read more https://www.nairalaw.com/im-vindicated-by-judgment-says-ndume/