Mr Femi Falana, Senior Advocate of Nigeria, has again stated that the Senate has no right to suspend Senator Ali Ndume.
Speaking on CHANNELS TV Falana said no legislative House has the power to suspend a member even for a single day.
“The Senate labours under the very erroneous impression that it can do anything, whether allowed by law or not; particularly when it purports to exercising its oversight functions.
“Allegations of crime, certificate forgery, allegations regarding under-payment of Customs duties, are criminal offences that can only be investigated by the appropriate authorities such as the Police.”
“Section 88, which the Senate always relies on, begins with the phrase: “subject to the provisions of this constitution”, which means the powers of the Police, the powers of the Auditor General of the Federation, the powers of the Attorney General of the Federation, the powers of the President, take presidence over the powers of the Senate to carry out an investigation.
“The Senate with profound respect, the House of Representatives with Profound respect, cannot investigate allegations of crime. That is within the constitutional province of the Police.
“In matters regarding some of the distinguished Senators, the court has made definitive judicial pronouncements. Take for instance, no legislative House in Nigeria, can suspend a member for one single day and we have a plethora of authorities on this,” he stressed.
“As a member of the House of Representatives, Senator Dino Melaye and 10 others, out of frustration, submitted a petition to the EFCC, alleging criminal diversion of funds by the Dimeji Bnakole-led leadership of the House.”
“Dino Melaye and 10 others were suspended indefinitely. I went to court for them and the court said: “Under your own rules, you cannot suspend a member for more than 14 days – Under what law did you suspend these 11 members of the House of Representatives for an indefinitely period of time?”