Saving the Senate

The Nigerian Senate, a crucial pillar of democracy, stands at a crossroads. The ongoing crisis culminating in the suspension of Senator Natasha Akpoti-Uduaghan is not just about her or Senate President Godswill Akpabio—it is about the integrity of the Senate itself. The Senate is increasingly being perceived as a self-serving institution that adds no value to the life of the average Nigerian. The arc of public opinion on the Senate has reached an all-time low. No matter the divide on this matter, the common ground is that Senator Akpoti-Uduaghan’s saga is a dent on the reputation and stature of the Nigerian Senate.

It is imperative that lawmakers recognise the damage a reputational crisis could do and take immediate steps to restore the sanctity of this institution.

As a former legislator, I understand the role of a presiding officer in allocating and reassigning seats based on legislative tradition. On this count, Senator Natasha Akpoti overreached herself and may have lessons in composure and understanding rules. On the issue of her suspension for six months, the Akpabio-led Senate danced to the wrong tune and ended up losing the deal. I concede to the Senate its right to use its duly constituted committees to ensure discipline. However, Natasha’s rights of fair hearing must be balanced against the entitlement of the Senate to order and discipline.

Due to legislative breaks, weekends, and recesses, she could be out of the chamber for almost a year, although suspended for 6 months, leaving the people of Kogi Central without representation. This not only undermines the democratic rights of the people but also hampers their ability to address local issues and concerns. According to the National Assembly website, each senator represents an average of 1.5 to 2 million Nigerians. This means that millions of citizens effectively have no representation.

The way the Senate has handled the issue of sexual harassment allegations against its president raises serious concerns. Such allegations must be taken seriously and appropriately investigated, yet the Senate appears more focused on silencing the accuser than addressing the claims. A 2021 report by the National Bureau of Statistics indicates that 30 percent of Nigerian women have experienced sexual harassment in workplaces and institutions. Ignoring such an accusation at the highest level of governance sets a dangerous precedent.

The way the sexual harassment allegations have been handled suggests an institution that does not take its moral standing and reputation seriously. The institution’s approach to this issue shows a troubling disregard for fairness and transparency.

Senator Akpoti-Uduaghan was suspended without a fair hearing. She did not appear before the ethics committee because of a subsisting court order. This matter was already in court. The Senate should have respected the judicial process instead of preempting its outcome. Acknowledged, the Legislative Houses (Powers and Privileges) Act 2018 outlaws the courts interfering in internal legislative processes; the Senate ought to approach the court and do the right thing. Whereas some argue that legislative matters are beyond judicial interference, precedent shows otherwise.

Read also: Akpabio vs. Akpoti-Uduaghan: A test of Senate’s integrity and morality

The Supreme Court had previously halted legislative processes during a constitutional amendment, proving that the judiciary has a role in ensuring constitutional compliance. Past rulings have shown that the courts can intervene in legislative matters, yet the Senate proceeded without regard for judicial authority. According to a 2018 report by the Centre for Democracy and Development, Nigeria has a history of executive, legislative, and judicial overreach and rascality that has significantly weakened public trust in governance.

This saga takes us back to the constitutional question: does any legislative house under our current constitution have the power to suspend an elected member for any duration without going against the spirit and letter of our constitution? It is evident that the Senate lacks the constitutional authority to suspend a senator for six months. As previous court rulings have reaffirmed, the Senate’s internal rules cannot override constitutional provisions.

In 2017, the Federal High Court ruled that the suspension of Senator Ali Ndume for 90 days was unconstitutional. The court ordered his reinstatement and the payment of all outstanding salaries. In 2018, the Federal High Court also nullified the suspension of Senator Omo-Agege, ruling that the Senate could not suspend a member beyond 14 days. These precedents show that the Senate’s decision to suspend Akpoti-Uduaghan for six months is unconstitutional and will likely be overturned if challenged in court.

It is unacceptable that Senate President Akpabio, who is accused of sexual harassment, presided over the suspension of his accuser. This is a fundamental violation of legal ethics—no one should be a judge in their own case. Senator Akpabio should have recused himself to ensure fairness. There is a precedent in this regard: Senator Bukola Saraki, during the 8th Senate, was accused of nonpayment of customs duty on a bulletproof official car he imported. SP Bukola Saraki stepped aside and allowed his deputy to preside over his investigation. Senator Akpabio was in the Senate at the time and should have taken a cue.

One wonders how the Senate Committee on Ethics, Privileges, and Public Petitions suddenly becomes so efficient and fast in dispensing punishment to Senator Natasha in this case when it usually is sluggish in dealing with the many petitions and cases before it. This smacks of a hatchet job, and it does not help the public standing of the Senate.

The suspension of a senator without due process creates a dangerous precedent. If allowed to stand, this decision could pave the way for further suppression of dissenting voices, weakening democracy in Nigeria.

The Nigerian people deserve a legislative body that upholds justice, fairness, and transparency, not one that operates in secrecy and impunity. The future of Nigerian democracy depends on it.