The Federal High Court sitting in Abuja Thursday lashed at the House of Representatives, saying it acted illegally when it suspended its Former Chairman on Appropriation, Hon. Abdulmumin Jibrin for 180 legislative days.
The court, in a judgment that was delivered by Justice John Tsoho, held that Jibrin acted rightly by exposing alleged “malfeasance” by leadership of the House with regards to the 2016 budget, to the appropriate anti-graft agency.
Justice Tsoho maintained that Jibrin acted properly as he did not employ unlawful means to achieve his goal of exposing his corruption allegation against principal officers of the House of Reps to a law enforcement agency.
According to the court, leadership of the House ought to have “approached the law enforcement agency concerned to justify their actions by clearing themselves of the apparently nasty allegation.
“That is the approach that accords with democracy tenets. But the defendants discarded it and adopted approach aimed to gag the plaintiff.”
Justice Tsoho held that Speaker of the House of Reps, Yakubu Dogara, the House of Reps itself, and its Clerk, who were sued as 1st to 3rd defendants before the court, “violated the plaintiff’s right to freedom of expression guaranteed by section 39 of the 1999 constitution, as amended.”
He dismissed as lacking in merit, a joint preliminary objection the defendants filed to challenge the powers of the court to meddle in an affair of the House.
The Judge held that while the House is entitled to a section of its members, it however cannot exercise powers not vested on it or interfere with right of its members guaranteed under Chapter 4 of the constitution.
The court noted that while Order 10 Rule 5 of the House of Reps Standing Rules prescribed the suspension of an erring member for a period not exceeding 14 days, Order 10 Rule 6 allowed for 30 days suspension in the case of a very serious offence.
It said the 180 days that was handed to the plaintiff was driven by malice, adding that Jibrin’s right to fair hearing was violated in the process.
The court held that the Ethics and Privileges Committee of the House that recommended Jibrin’s suspension was biased, noting that some of the principal officers became judges in their own case having failed to recuse themselves from the process.
Blasting the House for not abiding by both the constitution and its own rules, Justice Tsoho said: “At this juncture, a general admonition is deemed necessary. The House of Representatives should be the bastion of representative democracy in Nigeria and should thus hold as very dear, the tenets of democracy and stick tenaciously to same.
“Democracy thrives on and is fuelled by the rule of law and not by the rule of force, arbitrariness or impunity. The House should not desecrate itself by openly exhibiting lack of faith in the constitution and the rule of law to which it owes its very existence.
“Drawing from a traditional adage, it is apt to state that any entity that challenges its soul to a fight is doomed and will fail.”
The court, after nullifying Jibrin’s suspension, ordered that he should be paid all his salaries, allowances and other entitlements that accrued to him within the 180 days period.
It will be recalled that Jibrin was on September 28, 2016, suspended for 180 days, following corruption allegations he raised against principal officers of the House.
He had among other things, alleged that the officers, including the Speaker, Dogara, surreptitiously padded the 2016 budget with about N40billion.
Dissatisfied with his suspension, Jubrin, in his suit marked FHC/ABJ/CS/Bl2/2016, prayed the court to declare that the resolution the House passed to suspend him was in breach of section 68 of the 1999 constitution.
Aside demanding for N1billion as damages, Jibrin urged the court to issue an order of injunction restraining the House of Reps from preventing him from participating in the Committees of the House or accessing the legislative chambers to perform his legislative duties.
Nevertheless, the court said it would not grant the N1billion damages since that leg of the prayers was earlier withdrawn by counsel to the plaintiff, Mr. Femi Falana, SAN.
The court equally held that the request for a restraining order was overtaken by events since Jibrin had since returned to the House upon the expiration of his suspension period.
