Because the court cannot cancel the suspension of the Senate of Natasha Akpoti …

The foundation of constitutional democracy in Europe and America has been deliberately built over the centuries on the rigorous and faithful adherence to the principle of separation of the powers that requires respect for the autonomy of each government’s arm.

Therefore, The Nigerian Federation, AS AN Entity Which Practices Constitutional Democracy Has Expressly Provided in Section 4, 60 and 101 of the 1999 Constitution (AS AMEDED) that the Legislature of the Federal Republic of Nigeria Has the Constitutional Authority to Regulate Its Internal Affairs, Including The Protection of the Sanctity of Its Established Procedures and Practices, and Disciplines Members Whose conduct (or Miseduct) Attept to Desecrate The Solemn Norms of the Hallowed Chambers.

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In the exercise of the constitutional powers and the authority of the National Assembly as the Government Arm, the Senator Natasha Akpoti-Auduaghan, representing Kogi Central, was suspended on February 25, 2025 following his ignominious demonstration of a desperate desperate to the parliamentary rules and his bewilderment on the floor of the Senate. That despicable act of serious abuse of parliamentary privileges by the central senator of Kogi suspended, who was not only assisted by the Nigerian audience, including the innocent young students who were all seated in the Senate Gallery for learning the ethical evolution and other evolutionary platforms. Fragile public image of Nigeria in the nations committee.

That overwhelming resolution by the Senate, who approved the suspension, was actually founded on the enormousness of the ethical violations of Senator Akpoti-Auduaghan and on the negative impact of the same thing on the institution of the Senate. The Ethics Committee, the Senate’s privileges and public petitions scrupulously followed the right trial in the exercise of his investigation on the matter. The detailed registers of the Committee had clearly confirmed that there was a close adherence to standard procedures. The constitutional law at the fair hearing was supported and was offered an adequate opportunity to respond and to defend the case against her, and was at the end of all senate session processes.

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To challenge the practice and the established procedure of the Senate as an institution, the senator quickly started an action at the High Court and the Court was deceived in the trial to issue a provisional order that prevents the Senate’s establishment from carrying out its constitutional functions in proceeding with its internal investigations. That provisional order, which became the subject of revision, offends the established constitutional principles.

Once again, under the constitutional democracy of Nigeria, the judiciary, authorized pursuant to section 6 of the establishment of performing its functions, is not imbued with powers to interfere or usurpate the legislative functions/powers granted to the National Assembly pursuant to section 4 and therefore cannot interfere with the internal disciplinary procedures duly established of the legislatures provided in sections 60 and 101.

Noteworthy is the fact that the comparative constitutional jurisprudence actually also supports the established position that the courts or the judiciary, as a separate arm of government, have no powers to interfere or derail the functioning of the legislator. In the United States of America, article 1, section 5, clause 2 of the United States Constitution authorizes legislative houses (the Senate and Congress) with exclusive jurisdiction to regulate their members both by means of suspension, expulsion or even a fine. The Committee for the Ethics of the Chamber to Congress can issue reproaches, complaints and other disciplinary measures without judicial interference. In the same way, in the United Kingdom, which manages an unwritten Constitution, the Parliament (Chamber of Municipalities and Lord of the Chamber) attracts its powers to regulate its procedures and regulate its members from the Common Law and Statute, in particular article 9 of the rights of rights 1689 that expressly hold that they have explicitly expressed themselves.

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It is based on this law that a member of the British Parliament can be suspended or disciplined in accordance with their internal rules.

Again in our clime, perhaps in consonance with the best global practices of constitutional democracies, the Supreme Court of Nigeria in a previous judicial previous had long confirmed the doctrine of non -extent in relation to the internal legislative proceedings established by the National Assembly (Senate and Chamber of Representatives). The courts cannot therefore interfere with the legislator in the execution of their constitutionally assigned functions and powers to self -regulate as an institution in the discipline of its members. In fact, anything on the contrary would be just a recipe for anarchy and instability in our legislative houses both nationally and subnational levels.

According to the vision considered of a respected professor of law, Ali Ahmad, a renowned expert in constitutional law that also has the cognitive experience required as a former legislator, a provisional order of a court does not have the constitutional current to stop or interrupt the powers of the national assembly in the physical exercise of its fundamental functions as established in the assembly of the community of section 4, 60 and 101 of the Constitution.

As regards the judicial construction, sections 4, 5 and 6 of the 1999 Constitution of the Federal Republic of Nigeria operate on a equality plan; Absolutely nobody is superior to the other. Therefore, any judicial attempt to retain the legislator from the execution of his powers is equivalent to a violation of the principle of separation of powers.

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The affirmation of Senator Akpoti-Auduaghan according to which his suspension was retaliation, presumably because of the accusations against the president of the Senate, is, at the best of the hypotheses, an watery narrative for safe and misleading, not supported by any crumb of tests or documented procedures. The suspension followed the right trial pursuant to the permanent orders of the Senate and certainly not a violation of his fundamental rights. His decision to ignore the invitation of the Senate Committee and instead resort to social media and the courts undermines the principle of parliamentary responsibility.

In conclusion, the Senate acted within his constitutional and procedural authority. The judiciary lacks jurisdiction to invalidate or interfere with the internal disciplinary processes of the Senate. Any attempt to do this would be equivalent to the judicial overcoming and a violation of the constitutional order of Nigeria.

The doctrine of the separation of powers must be respected and preserved.

■ Ken Harries Esq is a lawyer based in Abuja and development strategist.

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