FROM THE ARCHIVES: Court Nullifies Suspension Of Dino Melaye, Others { Re: Senate Suspends Ndume For Bringing Saraki, Melaye Into Disrepute

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Mobolaji Aluko

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Mar 29, 2017, 6:59:04 PM3/29/17
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My People:

What an irony - and a danger to democracy - this suspension of Senator Ndume.

In 2010:    Court Nullifies Suspension Of Dino Melaye, Others
["The 11 members (INCLUDING Dino Melaye] who called themselves ‘The Progressives” had alleged that Speaker Dimeji Bankole misappropriated N9 billion between 2008 and 2009. When the matter came up on the floor of the House, the issue polarised members leading to a free-for-all and the suspension of the affected lawmakers."]

In 2017:    Senate Suspends Ndume For Bringing Saraki, Melaye Into Disrepute
["(A Senate Committee) cleared Saraki of the allegation of taking vengeance on the Comptroller-General of the NCS, Hameed Ali, for seizing a vehicle purportedly belonging to him.  It also exonerated Dino Melaye of the allegation of forging his degree certificate."]


Our Senators really need to live up to our expectations....otherwise, this our democracy is truly endangered.


Bolaji Aluko




Senate Suspends Ndume For Bringing Saraki, Melaye Into Disrepute

 

SAN FRANCISCO, March 29, (THEWILL) – The Senator representing Borno South, Senator Ali Ndume, has bagged six months suspension for not carrying out “due diligence” before filing a petition against the Senate President, Senator Bukola Saraki and the lawmaker representing Kogi West Senatorial District, Senator Dino Melaye.

The suspension, which is to take immediate effect, came after the Upper Chamber considered the recommendation in the report of its Committee on Ethics, Privileges and Public Petitions.

The Senate had, on March 21, 2017, decided to investigate the allegation that a bulletproof Range Rover SUV said to worth N298m, but which the lawmakers said cost $298,000, seized by the Nigeria Customs Service, NCS, belongs to the President of the Senate.

The move was based on a point of order raised by Ndume, who also called on the upper chamber of the National Assembly to investigate the certificate scandal involving Senator Dino Melaye.

The committee presented the report of its investigation on Wednesday, which recommended the suspension of Ndume for “deliberately” bringing up an issue that painted the Senate in a bad light.

It cleared Saraki of the allegation of taking vengeance on the Comptroller-General of the NCS, Hameed Ali, for seizing a vehicle purportedly belonging to him.

It also exonerated Dino Melaye of the allegation of forging his degree certificate.

The committee had recommended 181-legislative days suspension for Ndume but the Red Chamber reduced it to six months.




Court Nullifies Suspension Of Dino Melaye, Others

By admin -
85

An Abuja Federal High Court yesterday, nullified the suspension of nine members of the House of Representatives, saying it was illegal and unconstitutional.

The nine members are: Reps Dino Melaye, Independence Ogunnewe, Solomon Ahwinnahwi, Bitrus Kaze, Abbas Adamu, Austin Nwachukwu, Doris Uboh, Kayode Amusan and Gbenga Oduwaye.

The trial judge, Justice Adamu Bello, in his judgment, said the plaintiffs were not given fair hearing as provided for in the 1999 Constitution.

He added that the House acted outside its powers by placing the affected members on indefinite suspension instead of the 14 days which the law provided for.

Justice Bello added that the House ought to have referred their alleged offence offence to the House Committee on Privileges and Petition where they would have been given the opportunity to defend themselves.

“On this ground, I thereby nullify the suspension of the plaintiffs, it is null and void and it has no effect because something cannot be placed on nothing.

“I hope this judgment will facilitate the process of reconciliation and lasting peace in the House,” Bello said.

Earlier, Melaye and his group who were suspended on June 22, had through their counsel, Mr Femi Falana brought an originating summons praying the order of the court to nullify their suspension from the lower chamber.

The plaintiffs had held that the House did not have any legal right to stop them from performing their legislative duties.

In their joint motion argued by Falana, the lawmakers insisted that they were elected for a tenure of four years each and that neither the Speaker nor anybody had any right to cut their tenure short for any reason.

The plaintiffs claimed that their suspension had denied their respective constituencies representation in the lower chamber of the National Assembly.

They urged the court to set aside the suspension slammed on them, pending the final determination of their main suit.

The Speaker of the House of Representatives, Dimeji Bankole and others joined as defendants in the suit, immediately after the judgment filed a stay of execution pending an appeal against it.

The House originally suspended 11 members on June 22 after a free-for-all in the lower chamber.

Two of them, Reps. Ehioge-West Idahosa and Gbenga Onigbogi, were recently recalled after they were said to have shown remorse for their action.

The 11 members who called themselves ‘The Progressives” had alleged that Speaker Dimeji Bankole misappropriated N9 billion between 2008 and 2009.

When the matter came up on the floor of the House, the issue polarised members leading to a free-for-all and the suspension of the affected lawmakers.

______________________________________________



ksonif

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Mar 29, 2017, 7:22:39 PM3/29/17
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What is the danger to democracy here? Every tier of government is a check on the other. Here, Senator Ndume (who obviously smarts from his removal as Senate Leader and its appurtenances), is also free to challenge his suspension. Or, is his recourse to the Court equally suspended?

What I see here is the exploitation of the Senate President's power to whip erring members into line. Even that power is limited by the Senate President's ability to have the majority behind him. Democracy allows that in as much as such Machiavellian display of power can be checked.


AgbaAkin^



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Mobolaji Aluko

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Mar 29, 2017, 7:41:35 PM3/29/17
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My People:

If a policeman who should not shoot you does so, you are also free to seek the court to get redress.  But it is IMPUNITY when you do something that you CLEARLY know is illegal, and you then ask the victim "to go to court" to get justice.  Even if the victim eventually gets justice - for example, even if the suspension is eventually annulled -  the period when you  punished him unjustly is a period that cannot be recalled.  You would have punished both the Senator and his constituents (hundreds of thousands, possibly millions) unjustly.

And lawmakers should be particularly careful not to break the law with impunity.  That is the threat to democracy, because they can then enact unjust laws to protect themselves, and then frustrate ordinary citizens to engage in "self-help"  and revolution - or God forbid - encourage the military to return to "clean the Augean stable."

God forbid the latter option indeed.....

And there you have it.



Bolaji Aluko

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Ayo Ojutalayo

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Mar 29, 2017, 8:08:42 PM3/29/17
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Kola,

Courts may not want to interfere in the Legislature's internal affairs. Senate will claim to be disciplining a member as provided for by Senate's rules. Exploitation of Senate President's power because he can whip majority of Senators to go along with him, with immunity from judicial scrutiny, is a danger to democracy: A State and its citizens will be under-represented in the Senate for the period of suspension; a democratically elected Senator will be deprived  of his mandate for the period of suspension. I don't know if media and the civil society is vibrant enough to check the excesses of a vindictive Nigerian Senate President as probably is the case here. The bottom line, it is not good for democracy.

Afis Deinde

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Mar 29, 2017, 9:17:21 PM3/29/17
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"And lawmakers should be particularly careful not to break the law with impunity.  That is the threat to democracy, because they can then enact unjust laws to protect themselves, and then frustrate ordinary citizens to engage in "self-help"  and revolution - or God forbid - encourage the military to return to "clean the Augean stable.".......Dr Aluko.


Afis comment:  Good points sir.
Senator Melaye just posted a video that in my view is unbecoming of a lawmaker.  I think such video turns the Senate into a house full of clowns. Why is he not reprimanded?
I wonder why Dino Melaye was not suspended or kicked out when he threatened to beat and rape a female senator.

Afis
“Just as a solid rock is not shaken by the storm, even so the wise are not affected by praise or blame.” — Dhamapada, verse 81.

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ksonif

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Mar 29, 2017, 10:53:25 PM3/29/17
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My own point is not that  it is right. However, the dialects of human society is such that inherent in any development are contradictions that makes for perfection.

Saraki is a zero-sum power player. He understands power and its use. However, it is ruthless and selfish folks like this who give the call for democratic reform a desired urgency.

Nigerians are now calling for a leaner and cheaper legislature. Dino Melaye's abrasiveness contributes to this developmet in a large measure. Gradually, the clamor for reduction in the cost of government will cut across the tiers of government; the executive being worse.

Regards.


Kola^


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-------- Original message --------
From: Ayo Ojutalayo <ayooju...@yahoo.com>
Date: 29/03/2017 8:05 p.m. (GMT-05:00)
Subject: Re: [africanworldforum] FROM THE ARCHIVES: Court Nullifies Suspension Of Dino Melaye, Others { Re: Senate Suspends Ndume For Bringing Saraki, Melaye Into Disrepute

Kola,

Courts may not want to interfere in the Legislature's internal affairs. Senate will claim to be disciplining a member as provided for by Senate's rules. Exploitation of Senate President's power because he can whip majority of Senators to go along with him, with immunity from judicial scrutiny, is a danger to democracy: A State and its citizens will be under-represented in the Senate for the period of suspension; a democratically elected Senator will be deprived  of his mandate for the period of suspension. I don't know if media and the civil society is vibrant enough to check the excesses of a vindictive Nigerian Senate President as probably is the case here. The bottom line, it is not good for democracy.

On Wed, Mar 29, 2017 at 7:22 PM, ksonif
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ishola williams

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Mar 30, 2017, 3:54:25 AM3/30/17
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AO,Right you are because separation of powers will not allow the court to interfere.
If I were the Senator I would go join the Court as a friend on the side of SR to prove that up till now neither the VC nor any designated Official of ABU nor Sen DM himself has produced the Original Certificate.If SR is found to be correct,that VC should step down in disgrace and be  prosecuted for lying.As for reputation of ABU,How many Nigerian Universities have that anyway when Nigerians go to many Unknown Universities  in the World?
There is need for INEC to have the extra power to authenticate the Certificates of elected persons post election to confirm what they claim to have before issuiung them with post-election certificate as being truly.INEC has enough time to do this.Affidavits are not enough.
It is obvious that GMB cannot deal with those stinking Senators because they know a lot about GMB that most of us do not know and therefore they can mess around with him.
Take for example,the stupidity of NASS in creating a Security Organisation without the knowledge of the Executive giving the precedence of the the Civil Defence which was approved by Obasanjo who did not consult widely.Today,the Security Organisations are running about like headless chickens because GMB is completely out of date with how a security system works and its NSA appears not to understand his tasks.The Minister of Interior suprisingly has also lost control.
The whole system does not know that what we need now is Safety and Stabilty and  not Peace(in the grave yard) and Security(which is impossible).Even Peacekeeping worldwide is done by the Military which needs rethinking.Whatever,it is Speaker Dogara of HOR is talking nonsense.He needs to be educated.I can do that probono if he comes to my office in Lagos to show that he is serious..iw no shaking
 
 Ishola Williams Maj-Gen. (Rtd)


Tony Eluemunor

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Mar 30, 2017, 4:01:49 AM3/30/17
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Dear Prof Aluko,

Thanks for reaching into the archives - again. 

But have you noticed that the court judgment voiding the suspension of the Progressives by the Bankole-led House of Reps was based on certain planks? 1, that there were suspended indefinitely, instead for the duration allowed by House of Reps law. 2, that the suspended Reps were not given fair hearing.

In this case, Ndume was suspended for six months. So, the matter the courts should address is if the six months is beyond the limit allowed by House of Senate rules, and if he got a fair hearing to defend himself. I also remember that the Senate under Pious Anyim, suspended Francis Arthur Nzeribe, and perhaps kept renewing the suspension for whatever duration and Nzeribe never returned until that Assembly's life expired.

Thanks.

Tony Eluemunor.

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Wilson Iguade

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Mar 30, 2017, 7:59:51 AM3/30/17
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Quote 
Speaker Dogara of HOR is talking nonsense.He needs to be educated.I can do that probono if he comes to my office in Lagos to show that he is serious..iw no shaking
Unquote 

Comment: That (such "education") would be a DISASTER! I think The Speaker is much educated and sophisticated than was credited for! 
Lord have mercy that someone that claims a society HAS no integrity wants to get into the educating or teaching business. What would he teach or the basis for this "education"? I know that the "system" is fucked up! Thus, sustain the lack of integrity in the "system", by educating new comers such as Speaker Dogara  on their beliefs that the "system" LACKS integrity. Wow! 

Moving on to another-separate quote:

Quote
What is the danger to democracy here?

Answer: Absolutely None! Just HYPE regarding some dream-up DANGER!

Comment: Damn right, Senator Ndume "is also free to challenge his suspension" in the Court"

One more quote:

Quote 
What I see here is the exploitation of the Senate President's power to whip erring members into line. Even that power is limited by the Senate President's ability to have the majority behind him. Democracy allows that in as much as such Machiavellian display of power can be checked.
Unquote 

Well said by AgbaAkin^
 
I rest my case o! Iguade


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Ishola Williams

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Mar 30, 2017, 8:25:17 AM3/30/17
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WI,There are sub-systems within a system and NASS is a subsystem with partial responsibility for establishing the legislative framework for our safety,security and stability.Therefore ,Mr Know-All there is no need for noisemaking and gra gra over my wanting to,educate a fellow countryman in my (which you claim sometimes when you write) field of specialty which has nothing to do now  with ethics or integrity but more with  sharing knowledge,experience and expertise.
Anybody,that reads your reaction to mine will know that you are not writing from a position of knowledge or and logic but of noise making at  Dallas Cowboys games  to de-stress.
Please tell me  sir, what makes the Speakers statement educative and sophisticated?
If you have nothing to say,our Igbo kith and kin will say politiely, biko nu mesi onu. iw signing from Radio Iguade with N----------------O Shaking!
From now on sir,never complain, that  I do not walk my talk when you r are already predicting DOOM or what you call" DISASTER" when you know nating but what
On Thu, Mar 30, 2017 at 12:59 PM, Wilson Iguade <igu...@hotmail.com> wrote:
Quote 
Speaker Dogara of HOR is talking nonsense.He needs to be educated.I can do that probono if he comes to my office in Lagos to show that he is serious..iw no shaking
Unquote 

Comment: That (such "education") would be a DISASTER! I think The Speaker is much educated and sophisticated than was credited for! 
Lord have mercy that someone that claims a society HAS no integrity wants to get into the educating or teaching business. What would he teach or the basis for this "education"? I know that the "system" is fucked up! Thus, sustain the lack of integrity in the "system", by educating new comers such as Speaker Dogara  on their beliefs that the "system" LACKS integrity. Wow! 

Moving on to another-separate quote:

Quote
What is the danger to democracy here?

 Answer: Absolutely None! Just HYPE regarding some dream-up DANGER!

Comment: Damn right, Senator Ndume "is also free to challenge his suspension" in the Court"

One more quote:

Quote 
What I see here is the exploitation of the Senate President's power to whip erring members into line. Even that power is limited by the Senate President's ability to have the majority behind him. Democracy allows that in as much as such Machiavellian display of power can be checked.
Unquote 

Well said by AgbaAkin^
 
I rest my case o! Iguade


Sent from my iPhone

On Mar 30, 2017, at 2:54 AM, 'ishola williams' via AfricanWorldForum <africanworldforum@googlegroups.com> wrote:

AO,Right you are because separation of powers will not allow the court to interfere.
If I were the Senator I would go join the Court as a friend on the side of SR to prove that up till now neither the VC nor any designated Official of ABU nor Sen DM himself has produced the Original Certificate.If SR is found to be correct,that VC should step down in disgrace and be  prosecuted for lying.As for reputation of ABU,How many Nigerian Universities have that anyway when Nigerians go to many Unknown Universities  in the World?
There is need for INEC to have the extra power to authenticate the Certificates of elected persons post election to confirm what they claim to have before issuiung them with post-election certificate as being truly.INEC has enough time to do this.Affidavits are not enough.
It is obvious that GMB cannot deal with those stinking Senators because they know a lot about GMB that most of us do not know and therefore they can mess around with him.
Take for example,the stupidity of NASS in creating a Security Organisation without the knowledge of the Executive giving the precedence of the the Civil Defence which was approved by Obasanjo who did not consult widely.Today,the Security Organisations are running about like headless chickens because GMB is completely out of date with how a security system works and its NSA appears not to understand his tasks.The Minister of Interior suprisingly has also lost control.
The whole system does not know that what we need now is Safety and Stabilty and  not Peace(in the grave yard) and Security(which is impossible).Even Peacekeeping worldwide is done by the Military which needs rethinking.Whatever,it is Speaker Dogara of HOR is talking nonsense.He needs to be educated.I can do that probono if he comes to my office in Lagos to show that he is serious..iw no shaking
 
 Ishola Williams Maj-Gen. (Rtd)
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