Akpabio Challenges Falana To Substantiate Threats Of Legal Action And LPDC Petition

Senate President Godswill Akpabio has replied Femi Falana’s (SAN) letter over urgent recall of Senator Abdul Ningi (Bauchi central) suspended for three months by the Senate.

Akpabio through his counsel, Umeh Kalu SAN, faulted Falana’s claim that he was solely responsible for the suspension of Ningi.

The Senate President wondered why the decision of the Upper Legislative Chamber to suspend one of its members, would be termed as a “unilateral decision.”

He said that as the Presiding Officer, his roles are clear to the running of the legal mandate of the Senate.

Akpabio also faulted Falana for not including authorities of alleged court pronouncements on the unconstitutionality of suspending members of legislative houses, which he referred to in his letter.

He said that Ningi’s suspension was done in accordance with the Senate’s rule book, which is legal and constitutionally recognised.

Kalu’s letter of reply on behalf, of Akpabio to Falana titled: “Re: Request to lift the suspension of Sen. Abdul Ningi” was made available to reporters in Abuja on Thursday.

Ningi was on March 12 suspended by the Senate for three months over his allegation in a BBC Hausa Service interview that the 2024 budget was padded with N3.7trillion.

The Senate had rejected the allegation saying the amount was meant for statutory transfers to Federal Government institutions on first line charge.

Kalu’s letter to Falana reads in part: “We are solicitors to Sen. Godswill Akpabio and write you in respect of the above subject matter at his instance.

“Your letter of March 27, with the above caption has been referred to us with instructions to react thereto.

“We have carefully read through your analysis of the facts and circumstances leading to your client’s suspension from the Senate.

“We are unable to find reason in your verdict of our client’s sole culpability in the said suspension. We therefore plead non est factum for our client.

“The decision and resolution to suspend Senator Abdul Ahmed Ningi was that of the Senate of the Federal Republic of Nigeria sitting in plenary and not that of Senator Godswill Obot Akpabio, CON.

“In addition to the above and contrary to the contents of your letter under reference, our client was at no time your client’s accuser, prosecutor and judge.”

He added: “Our client’s role at the session of the Senate that led to your client’s suspension was and remains the statutory role of a Legislative House Presiding Officer, which role equally includes pronouncing the majority decision of the Legislative House at the end of debate and voting.

“Permit us to mention your attempt at drawing our client’s attention to legal authorities and pronouncements of our courts of record on the unconstitutionality of suspending members of Legislative Houses.

“Which attempt we dare say was unhelpful, due to your failure or refusal to make available, the relevant particulars of the said court decisions in your letter.

“You may wish to provide these legal authorities which you have alluded to, bearing in mind that every decision of a court emanates from its peculiar facts, circumstances and extant laws.”

Kalu further said: “In as much as it may not be necessary to canvass herein all the remedies available to our client, in response to your threats of a court action and petition to the Legal Practitioners Disciplinary Committee (LPDC), it is important we mention that legislative proceedings are guided by rules.

“We urge you to give due consideration to the legal issues raised in this letter and be guided accordingly in your further and future action in respect of this matter.”