The
Senate recently slammed a six-month suspension on Senator Ali Ndume [APC, Borno
South] for allegedly raising ‘false alarm’ by asking the Senate to probe social
media allegations made against both Senate President Bukola Saraki and Senator
Dino Melaye [APC, Kogi West]. Trouble began on Tuesday, March 21 when Senate
decided to investigate an allegation that Saraki imported a bullet proof jeep
worth $298,000 [N62m at the time] which was seized by Nigeria Customs Service
for non payment of duty.
The
probe was triggered by a point of order raised by former Senate Leader Senator
Ali Ndume, who also called for a probe of the alleged certificate scandal
involving Senator Dino Melaye. An online news portal had alleged on March 18,
that the vehicle’s seizure was the reason why Senate was moving against NCS
Comptroller General, retired Col. Hammed Ali. The same medium also alleged that
Melaye was parading a fake certificate from the Ahmadu Bello University, Zaria.
Ndume
had said at plenary, “My colleagues that are following events, particularly
online, have seen, heard or read the train of abuses on this Senate and the
misconception of the fact that we invited the Customs CG based on a very
unpopular policy that affects the people we represent. But now, we are faced
with this...” Citing several instances in which the National Assembly probed
its presiding officers, Ndume said the case of Saraki and Melaye should not be
an exception so as to save the integrity of the Senate. Deputy Senate President
Ike Ekweremadu, who presided over that day’s plenary, referred the matter to
the Committee on Ethics, Privileges and Public Petitions.
While
tendering their report on March 29, committee chairman Senator Sam Nwanyanwu
said Ndume’s allegations were false. ABU’s Vice Chancellor Prof. Ibrahim Garba
had confirmed to the committee that Melaye graduated from ABU while documents tendered by Saraki indicated
that the vehicle was purchased by the Senate. Nwanyanwu’s report, which was
signed by two-thirds of the committee members, cleared both men of the charges
but recommended Ndume’s suspension for a year for “failing to conduct proper
investigation before making the allegations.” He was suspended for six months.
Ndume had earlier said at the investigative hearings that he did not make the
allegations himself but only raised the issues he read in the newspapers
because he wanted the Senate to clear its name.
Senate
may have overstepped bounds with this suspension. Human rights activist Femi
Falana, SAN cited the unreported case of Dino Melaye and Others vs House of
Representatives in which a Federal High Court declared that a legislator could
not be suspended for more than 14 days. Mr Taidi Jonathan, a former Chairman of
the Nigeria Bar Association (NBA), Minna Branch, cited Section 6 (6) (a) and
(b) of the 1999 Constitution which vests powers to impose any sanction or
punishment in the Judiciary. He said, “Therefore, any provision in the Senate
rules of procedure which imposes any punishment to be exercised by it is ultra
vires.”
Legal
technicalities aside, we also believe that punishment of Ndume is not morally
justified since all he did was to bring to his colleagues’ attention what was
said in the social media and asked for a probe. In fact, senators and the two
accused men should be grateful to him for providing the opportunity for them to
clear their names. Senators have a reason to think that Ndume was being
mischievous, since he was recently sacked as Senate Leader. Still, what he did
ultimately served a good purpose for Senate.
Last
week Borno State Governor Kashim Shettima led a powerful delegation to Senator
Bukola Saraki and pleaded with him to lift the suspension. But the Senate
President later said at the Presidential Villa that he does not have powers to
do so. We therefore urge the Senate as a
whole to revisit the issue in the interest of peace and stability in the
polity.
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