Wednesday, March 29, 2017

USA Africa Dialogue Series - Re: [africanworldforum] FROM THE ARCHIVES: Court Nullifies Suspension Of Dino Melaye, Others { Re: Senate Suspends Ndume For Bringing Saraki, Melaye Into Disrepute


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

On Thu, Mar 30, 2017 at 12:22 AM, ksonif <ksonif@gmail.com> wrote:
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^



Sent from my Samsung Galaxy smartphone.

-------- Original message --------
From: Mobolaji Aluko <alukome@gmail.com>
Date: 29/03/2017 6:58 p.m. (GMT-05:00)
Subject: [africanworldforum] FROM THE ARCHIVES: Court Nullifies Suspension Of Dino Melaye, Others { Re: Senate Suspends Ndume For Bringing Saraki, Melaye Into Disrepute



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

0
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.

______________________________________________



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



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

0
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.

______________________________________________



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USA Africa Dialogue Series - South Africa: Gramshtown 2017a

 
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