Court voids Sen Ndume’s suspension, orders Saraki to pay his outstanding salaries, allowances

Justice Babatunde Quadri of the Federal High Court in Abuja on Friday declared the suspension of former Senate Leader, Senator Mohammed Ali Ndume ( APC, Borno South) from the Senate as illegal, unlawful and unconstitutional.

Consequently, the judge set aside the suspension letter of March 30, 2017 issued to Senator Ndume by the Senate.

The court also ordered the President of the Senate, Senator Bukola and the Senate (the 1st and 2nd respondents) in the suit by Senator Ndume, asking the respondents to pay all his outstanding salaries and allowances.

Senator Ndume had approached the court following his suspension from Senate via a letter dated March 30, 2017 for expressing as a matter of privilege the insinuations/allegations made online and national newspapers that the invitation of the Comptroller-General of Customs, Hammed Ali by the Senate was informed by seizure of the bulletproof SUV vehicle belonging to the Senate President which he alleged was purportedly cleared with fake National Assembly documents. The senate also accused him of igniting rumour on the alleged first degree saga of Senator Dino Melaye .

In his judgment on the matter, Justice Quadri held that Ndume’s suit is meritorious and succeeded in part.

The judge said, “Based on this, questions 2, 3 and 4, are hereby resolved in favour of the plaintiff while question 1 is not determined because I did not consider the issue of breach of Section 39 as I found doing so unnecessary in the circumstances. Consequently, reliefs 2, 3 and 4 are hereby granted.

“The suspension of the plaintiff is hereby declare illegal ,unlawful and unconstitutional. The purported suspension contained in the letter of 30th March , 2017 is hereby set aside .

“The first and second defendants are hereby directed to pay the plaintiff his outstanding salaries and allowances forthwith.”

The judge ,however, held that relief no 5 on the issue of damages is refused because ” I hope this will facilitate reconciliation in the Senate between the plaintiff and other members of the Senate and bring peace to our nascent democracy and all senators will hold sacrosanct their standing order, rule of rule by extension the Constitution of the federal Republic of Nigeria.” Justice Quadri made no order as to costs while the parties would bear their costs.

Beside Saraki, the Senate; Senator Samuel Anyanwu (Chairman Senate Committee on Ethics, Privileges and Public Petitions) that recommended Ndume suspension was also named as co-defendants to the suit.

Ndume had in the suit asked the court to declare that his suspension for 90 legislative days (6 months) as a Senator in the service of the Senate via a letter dated 30th March, 2017 for expressing as a matter of privilege the insinuations/allegations made online and National Newspapers that the invitation of the Comptroller-General of Customs was informed by seizure of the bulletproof SUV vehicle belonging to the Senate Presisent purportedly cleared with fake National Assembly documents and the alleged First Degree saga of Senator Dino Melaye is a violation of his fundamental rights to fair hearing and freedom of expression.

The senator urged the court to hold that the above rights are guaranteed by sections 36 and 39 of the 1999 Constitution (as amended) and Articles 7(1) and 9(2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 Laws of the Federation of Nigeria, 2004.

He is also seeking the following prayers : “A declaration that the suspension of the plaintiff for 90 legislative days (6 months) from the service of the Senate as a Senator in the Senate of the Federal Republic of Nigeria with effect from 29th March, 2017 as contained in the letter of 30th March, 2017, is illegal, unlawful, unconstitutional as it was done in violation of sections 68 and 69 of the 1999 Constitution ( as amended) and Article 13(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 Laws of the Federation of Nigeria, 2004.

“An order setting aside the purported suspension of the plaintiff from the Senate of the Federal Republic of Nigeria as contained in the aforesaid letter of 30th March, 2017.

“An order directing the 1st and 2nd defendants to pay to the plaintiff his outstanding salaries and allowances (howsoever called) forthwith”.

But the court declined to award N500million damages to Ndume as general, exemplary and aggravated damages over his suspension from the Senate.