Saving the Senate, By Dakuku Peterside

The consequences of this growing distrust are dire. A democracy without a credible legislature is a failing one. If this trend continues, the Senate will lose not only its authority but also its aura, clout, respect, and relevance in the Nigerian democratic system. This could lead to a vacuum in the governance structure, potentially paving the way for a constitutional crisis. It is imperative that lawmakers recognise the damage a reputational crisis could do and take immediate steps to restore the sanctity of this institution.

As a former legislator, I understand the role of a presiding officer in allocating and reassigning seats based on legislative tradition. On this count, Senator Natasha Akpoti overreached herself and may have lessons in composure and understanding rules. On the issue of her suspension for six months, the Akpabio-led Senate danced to the wrong tune and ended up losing the deal. I concede to the senate its right to use its duly constituted committees to ensure discipline. However, Natasha’s rights of fair hearing must be balanced against the entitlement of the senate to order and discipline. There are many things wrong with both the suspension and the Senate’s approach to the issues that leave that institution vulnerable, and I will highlight a few.

Due to legislative breaks, weekends, and recesses, she could be out of the chamber for almost a year, although suspended for 6 months, leaving the people of Kogi Central without representation. This not only undermines the democratic rights of the people but also hampers their ability to address local issues and concerns. According to the National Assembly website, each senator represents an average of 1.5 to 2 million Nigerians. This means that millions of citizens effectively have no representation. Another issue that the manner of her suspension has thrown up is the Senate’s increasing tendency to suppress dissent and operate without transparency. The Senate is both a public and a democratic institution.

However, the way the Senate has handled the issue of sexual harassment allegations against its president raises serious concerns. Such allegations must be taken seriously and appropriately investigated, yet the Senate appears more focused on silencing the accuser than addressing the claims. A 2021 report by the National Bureau of Statistics indicates that 30% of Nigerian women have experienced sexual harassment in workplaces and institutions. Ignoring such an accusation at the highest level of governance sets a dangerous precedent.

It is true that Senator Akpoti-Uduaghan had previously benefitted from Senate President Akpabio’s liberal disposition when she was appointed Chair of the Senate Committee on Local Content. Yet, the way the sexual harassment allegations have been handled suggests an institution that does not take its moral standing and reputation seriously. The institution’s approach to this issue shows a troubling disregard for fairness and transparency.

Senator Akpoti-Uduaghan was suspended without a fair hearing. She did not appear before the ethics committee because of subsisting court order. This matter was already in court. The Senate should have respected the judicial process instead of preempting its outcome. Acknowledged, the Legislative Houses (Powers and Privileges) Act 2018 outlaws the courts interfering in internal legislative processes; the Senate ought to approach the court and do the needful. Whereas some argue that legislative matters are beyond judicial interference, precedent shows otherwise.

The Supreme Court had previously halted legislative processes during a constitutional amendment, proving that the judiciary has a role in ensuring constitutional compliance. Past rulings have shown that the courts can intervene in legislative matters, yet the Senate proceeded without regard for judicial authority. According to a 2018 report by the Centre for Democracy and Development, Nigeria has a history of executive, legislative, and judicial overreach and rascality that has significantly weakened public trust in governance.
This saga takes us back to the constitutional question, does any legislative house under our current constitution has the power to suspend an elected member for any duration without going against the spirit and letter of our constitution. It is evident that the Senate lacks the constitutional authority to suspend a senator for six months. As previous court rulings have reaffirmed, the Senate’s internal rules cannot override constitutional provisions.
In 2017, the Federal High Court ruled that the suspension of Senator Ali Ndume for 90 days was unconstitutional. The court ordered his reinstatement and the payment of all outstanding salaries. In 2018, the Federal High Court also nullified the suspension of Senator Omo-Agege, ruling that the Senate could not suspend a member beyond 14 days. These precedents show that the Senate’s decision to suspend Akpoti-Uduaghan for six months is unconstitutional and will likely be overturned if challenged in court.

It is unacceptable that Senate President Akpabio, who is accused of sexual harassment, presided over the suspension of his accuser. This is a fundamental violation of legal ethics—no one should be a judge in their own case. Senator Akpabio should have recused himself to ensure fairness. There is a precedent in this regard: Senator Bukola Saraki, during the 8th Senate, was accused of nonpayment of customs duty on a bulletproof official car he imported. SP Bukola Saraki stepped aside and allowed his deputy to preside over his investigation. Senator Akpabio was in the Senate at the time and should have taken a cue.

The Senate, in this instance, has demonstrated an alarming lack of openness. The Ethics and Privileges Committee should have conducted its proceedings publicly to maintain credibility. Instead, the Senate moved forward with a suspension that appears politically motivated and legally unsound.

The Senate’s refusal to properly investigate the allegations against its president sends a dangerous message: that sexual harassment claims can be dismissed with political manoeuvring. This is a grave injustice that damages the Senate’s reputation. One wonders how the Senate Committee on Ethics, Privileges, and Public Petitions suddenly becomes so efficient and fast in dispensing punishment to Senator Natasha in this case when it usually is sluggish in dealing with the many petitions and cases before it. This smack of a hatchet job and it does not help the public standing of the Senate.

It is unfortunate that the Senate has conducted its affairs opaquely for a matter that has come to the public’s attention. The Senate’s lack of transparency in this matter is a clear indication of the need for openness and honesty in governance. For the Senate to ignore and sweep under the carpet the issue of sexual harassment is a disservice to the President of the Senate and the institution.

Mr. Senate president can show he has power by suspending Senator Natasha, but it is not a cure for such a serious allegation. The best the Senate can do is to conduct a proper investigation on the issue and come out with a clean bill of health. The Senate must understand that the Nigerian public wants transparency and full disclosure of all the problems. It is not a private matter. Sexual harassment is a serious accusation and cannot be dismissed as trivial as the Senate did. It’s a dark spot on the reputation of the Senate. It is also not acceptable in a democracy.
The suspension of a senator without due process creates a dangerous precedent. If allowed to stand, this decision could pave the way for further suppression of dissenting voices, weakening democracy in Nigeria. The Nigerian Senate is already struggling with negative public perception. This incident further erodes confidence in its ability to act as a “check and balance” on the other arms of government.

The Senate must acknowledge its overreach on the Senator Akpoti-Uduaghan matter. The Nigerian public demands accountability. It is common sense to recognise that the Senate is at risk of permanent reputational damage. A Senate with sullied reputation does no one or the country any good. If it continues to prioritise power plays over democratic principles, it will lose whatever legitimacy and respect it still holds and enjoys. To save itself, the Senate must return to the principles of integrity, fairness, openess and constitutional adherence. The Nigerian people deserve a legislative body that upholds justice, fairness, and transparency, not one that operates in secrecy and impunity. The future of Nigerian democracy depends on it.