Mr Umeh Kalu (SAN), counsel for the Senate President, Godswill Akpabio, has said that the decision and resolution to suspend Senenator Abdul Ningi (PDP-Bauchi) was that of the Senate sitting in plenary and not that of Akpabio.
Kalu stated this in a letter to human rights lawyer, Femi Falana (SAN) titled, “Re: Request to Lift the Suspension of Sen. Abdul Ningi” and made available to newsmen in Abuja on Thursday.
Ningi was suspended by the Senate for three months on March 12 over the 2024 Budget padding allegation.
Kalu in the letter said, “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 letter further read, “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.
“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.
“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.”
(NAN)
