Budget Padding: Suspended Senator Ningi demands reinstatement, threatens to seek legal action against Akpabio

Suspended senator representing Bauchi Central, Ahmed Ningi, in a letter to the Senate President Godswill Akpabio, demanded to be reinstated.

On Wednesday, March 27, 2024, his lawyer, Femi Falana (SAN), wrote to the Senate in the letter titled, “Request To Lift The Suspension Of Senator Abdul Ahmed Ningi”, threatening to seek legal action if his suspension is not lifted within seven days.

Recall that on March 12, 2024, the Senate suspended Ningi for three months over allegations of budget padding. Ningi has claimed that the National Assembly had padded the 2024 budget by N3.7 trillion.

Ningi’s statement raised concerns and public outrage. The member of the Peoples Democratic Party insisted that the N3.7 trillion could not be accounted for in the 2024 budget despite an audit.

Speaking in an interview, Ningi alleged that although the budget passed for the 2024 fiscal year was N25 trillion, the one being executed by the Presidency is N28.7 trillion.

In the letter from his lawyer, Ningi slammed Akpabio of being the accuser, the prosecutor and the judge in his own case in utter violation of the provisions of the Nigerian Constitution.

According to him, the Senate did not only violate his fundamental right to a fair hearing but also the rights of the people of his senatorial district.

The letter reads in part,

“We are Solicitors to Senator Abdul Ahmed Ningi representing the Bauchi Central Senatorial District in the Senate of the Federal Republic of Nigeria (hereinafter referred to as "our client") on whose behalf we write this letter.

“On March 9, 2024, our client granted an interview to the BBC Hausa Service on the 2024 Appropriation Act. He expressed his views on the budget of the Federal Government in exercise of his fundamental right of freedom of speech guaranteed by section 39 of the Constitution of the Federal Republic of Nigeria, 1999 as amended and article 9 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004. Dissatisfied with the interview, you caused our client to be put on trial before the Senate on March 14, 2024 contrary to the provisions of the Legislative Houses (Powers and Privileges) Act, 2018.

“Even though it was alleged that you were indicted by our client in the interview, you presided over the proceedings of the Senate. It is on record that you were the accuser, the prosecutor and the Judge in your own case in utter violation of the provisions of section 36 of the Constitution of the Federal Republic of Nigeria, 1999 as amended and article 7 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation of Nigeria, 2004

“At the end of the trial, you pronounced our client guilty and declared that the Senate do suspend Senator Abdul Nigin (Bauchi North) for three (3) months and he should forfeit all his entitlements and be disallowed from the precincts of the National Assembly Complex during the period of the suspension.

“He should also apologise to the Senate in writing, thereafter the Senate can consider his remorse and recall him.”

“Apart from violating our client's fundamental right to fair hearing, the Senate violated the right of the entire people of the Bauchi Central Senatorial District to representation in the Senate for three months. This is a breach of section 111 of the Constitution and article 13 of the African Charter on Human and Peoples Rights Act.

“As you are no doubt aware, the Federal High Court had struck down the suspension of some members of the Senate and the House of Representatives who had accused the leadership of both houses of budget padding, corruption or abuse of office. Specifically, the court declared the suspension of the affected legislators illegal and unconstitutional.

“As a senior lawyer, you ought to have drawn the attention of the members of the Senate to these decisions and several others where the high courts of some states and the Court of Appeal have held that no parliament in Nigeria has the power to suspend or expel a legislator and confiscate his salaries and allowances.

“In view of the foregoing, you will agree with us that the suspension of Senator Ningi and the denial of his entitlements are illegal and unconstitutional in every material particular. We are compelled to request you to ensure that the said suspension is lifted forthwith.

“However, if you fail to accede to our request Seven (7) days upon receipt of this letter, we shall not hesitate to pray to the Federal High Court for the reinstatement of our client. We shall equally report you to the Legal Practitioners Disciplinary Committee for treating the judgments of the Federal High Court and the Court of Appeal with disdain.”