A Federal High Court in Abuja on Thursday ordered the immediate readmission of six members of the House of Representatives, saying their indefinite suspension by the House amounted to ”tyranny of the majority.”
In his judgment on the applications by the lawmakers, Justice Adamu Bello, held that the suspension of the lawmakers — Dino Melaye; Independence Ogunnewe; Solomon Ahwinahwi; Bitrus Kaze; Adamu Adamu; and Austin Nwachukwu— was illegal.
The judge also held that to allow their suspension to stand would amount to shortening their tenure of office.
The six lawmakers were among the 11 members of a group in the House, ‘Progressive-Minded Legislators’, suspended after their bid to hold the leadership of the House accountable, degenerated into a free-for-all on June 22, 2010.
The group led by Melaye had accused the Speaker, Mr. Dimeji Bankole, of allegedly misusing N9bn out of the capital vote of the House.
Seven of them — Melaye, Ogunewe, Adamu, Awhinawhin, Nwachukwu, Doris Uboh and Kase – had gone to court to challenge their suspension on the grounds that it was illegal.
Nwachukwu later withdrew from the suit, claiming that he had been advised by his constituency to do so. Four others — Kayode Amusan, Mr. Gbenga Oduwaiye, Gbenga Onigbogi and Ehiogie West-Idahosa — did not go to court.
Onigbogi and West-Idahosa have since been pardoned and re-admitted by the House after they wrote to the House Committee on Ethics and Privileges claiming that they did not fight .
Oduwaiye, Amusan and Nwachukwu also approached the committee to seek for a review of their case.
The House had earlier asked all those who went to court to withdraw their suit and tender an apology to their colleagues before they could be pardoned.
The court had assumed jurisdiction in the suit by the six lawmakers . On Thursday, it held that legislative immunity did not cover constitutional violations and said that they (plaintiffs) were suspended without due process.
According to the judge, the action of the House leadership is tantamount to ”tyranny of the majority which cannot be justified in law.”
Bello said that the House of Representatives goofed because it failed to give the members fair hearing before placing them on the suspension.
He further held that the House breached its own standing order by placing the lawmakers on indefinite suspension when in law, it ( House) could only suspend erring members for 14 legislative days.
Bello, however, agreed that the House had the power to discipline any errant member but pointed out that such power must be exercised within the ambit of the law.
He said that when it became evident that the lawmakers caused the publication of malicious materials against the House and its leadership, the right decision would have been to refer their action to the Committee on Privileges and Petition.
The committee, according to him, would have subjected them to interrogation.
Bello, who said “the House must caution itself from arbitrary actions that could make mockery of our law,” advised the House to use the judgment to facilitate total reconciliation.
A Lagos-based lawyer, Mr, Femi Falana, filed the suit on behalf of the six lawmakers while Chief Wole Olanipekun (SAN) and Mr Yusuf Ali (SAN) represented Bankole and the House respectively.
The Chairman of the House Committee on Media and Public Affairs, Mr. Eseme Eyiboh, who reacted to the judgment, hinted that the House might appeal if necessary.
He said, “We have to study the content of the ruling (judgment) and follow the provisions of the rule of law.
“It is either we appeal against the ruling (judgment) or we abide by it. The case was concluded but not foreclosed.”
When reminded that except there was an appeal against the judgment, the House had no choice than to re-admit the six lawmakers immediately, Eyiboh insisted that any steps to be taken depended on studying the judgment.
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