A suspended member representing Edu State Constituency in the Kwara State House of Assembly, Saba Gideon, has condemned his suspension, describing it as illegal, unconstitutional and a violation of the rights of his constituents.
Gideon, who addressed a press conference in Ilorin on Saturday, dismissed allegations that he secretly recorded proceedings of the House.
“I never recorded any House proceedings. At no time did I secretly or otherwise record deliberations of the Kwara State House of Assembly,” he said.
He argued that suspending an elected legislator amounts to denying constituents their constitutional right to representation, stressing that such action is not supported by law.
“The law is settled that a legislative house cannot suspend a member indefinitely or arbitrarily because doing so deprives the people of representation, which is guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (as amended),” he said.
Gideon noted that the relationship between a legislator and the Assembly is not that of a master and servant, explaining that his mandate derives from the Constitution and the electorate, not from the House leadership.
“My mandate comes from the people of Edu, not from any individual or group within the Assembly,” he said.
He further argued that no House rule or standing order can override the Constitution, which he described as the supreme law of the land.
“Any rule that contradicts the Constitution is null and void to the extent of its inconsistency,” he added.
The lawmaker also faulted the decision to withhold his salaries and allowances, insisting that legislators are not employees of the House.
“The fixing and payment of salaries and allowances of legislators fall under the jurisdiction of the Revenue Mobilisation Allocation and Fiscal Commission, not the House of Assembly,” Gideon said.
Citing legal provisions, he stated that even where discipline is justified, the Legislative Houses (Powers and Privileges) Act limits suspension for contempt to a maximum of 48 hours.
“The Legislative Houses (Powers and Privileges) Act limits suspension of a member for contempt to a maximum of 48 hours, anything beyond that is illegal and unconstitutional,” he said.
Gideon further questioned the procedure allegedly followed in effecting his suspension, claiming due process was not observed.
He said a House could only proceed into a closed-door session after a motion is moved, seconded and approved through a public vote, a process he claimed was not followed in his case.
“No final decision, sanction or suspension can legally be taken in private without ratification in an open plenary,” he added.
According to him, allegations of misconduct ought to have been referred to the Ethics and Privileges Committee for investigation, with the affected member given a fair hearing.
“There was no committee investigation, no fair hearing and no supermajority vote,” he alleged.
Gideon warned that arbitrary or prolonged suspensions weaken democratic institutions, stressing that legislative discipline must be exercised within constitutional limits.
“If we want to build strong institutions, we must respect the rules of law. Legislative independence does not mean constitutional recklessness,” he said.
He expressed confidence that the law would ultimately prevail, vowing to pursue all lawful means to reclaim his mandate.
“My fight is not personal. It is about defending the constitutional right of my people to be represented,” he said.
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