LEGISPRUDENCE- COMMENTS ON LEGISLATIVE LAW ISSUES BY DR. TONYE CLINTON JAJA AND THE ASSOCIATION OF LEGISLATIVE DRAFTING AND ADVOCACY PRACTITIONERS (ALDRAP)
ALDRAP is proud to present LEGISPRUDENCE a platform to feature commentary on legislative law issues as they arise.
Today, we feature Raymond Esegbabon, ESQ. He is a legislative lawyer par excellence and founding Editor-In-Chief of the Legislative Law Reports of Nigeria (LLRN).
ON THE SENATOR NINGI'S suspension, he has this to say:
"By the relevant provisions of the Senate Standing Orders 2014 and the Legislative House (Powers & Privileges Act), a maximum period of 14 days suspension is allowed. Anything in excess will amount will amount to a breach of the law.
1. Except the Legislative Powers & Privileges Act has been amended, the Senate cannot suspend a member indefinitely or for a long period. The Court of Appeal came to this position in the case of Akinribido v Ondo State House of Assembly - one of the cases, I have penned down for Volume 5 of LLRN (if you still like us to proceed). The suspension handed down by the State House of Assembly in this case was quashed by the CA and the suspended MP was ordered to be reinstated.
2. The court had in the past also voided Dino Meleye and Senator Omo Agege's suspension by the H/ Reps and the Senate respectively.
3. The court will always rise to the occasion to strike down any act or omission done or made capriciously by either the executive or the legislature that are not in tune with the law or the constitution."
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