By Ochiagha Reagan Ufomba
Nigeria’s democracy has just entered a dangerous zone. The letter of the Clerk of the Senate to Senator Natasha, communicating that she cannot resume her legislative duties after serving six months illegal suspension because the matter is “subjudice” is a spit on our democracy
This is not just an assault on democracy, it is an institutional attempt to rewrite the Constitution and silence her constituents.
Why the Clerk’s Position Is Fundamentally Wrong
The doctrine of subjudice restricts debate in parliament on matters pending before a court. It does not, and cannot, justify barring an elected senator from resuming her seat after serving a questionable suspension. To stretch the rule in this way is to turn procedure into punishment, and the institution of the Senate into a huge joke.
The Law Is Clear
In Ali Ndume v. Senate President & Ors (2019), the Supreme Court declared suspensions beyond 14 days unconstitutional. By implication, Senator Natasha’s six-month suspension was unlawful from the outset. Having endured it, she is entitled to resume her duties immediately. The Senate, and by extension its Clerk, has no constitutional authority to prolong her exclusion. The Constitution (Section 14(2)(c)) guarantees representation of the people. Denying Senator Natasha entry is not a sanction against her alone; it is a violation of her constituents’ right to a voice in national governance.
A Dangerous Precedent
If the Clerk’s letter is allowed to stand, it sets a precedent that any senator who challenges Senate decisions in court could be indefinitely barred under the excuse of subjudice. Given the endless delays in Nigeria’s judicial process, such a move amounts to political banishment without trial.
My Position
The Clerk of the Senate has overstepped. His role is administrative, not judicial. He cannot, under any interpretation of law, prevent a duly elected senator from resuming her duties after a suspension. That authority does not reside in his office, nor in the Senate leadership, but with her constituents.
Senator Natasha’s right to return is guaranteed by the Constitution and affirmed by judicial precedent. Any refusal to let her in is unconstitutional, undemocratic, and contemptuous of the courts.
The Senate must immediately reverse course. The Clerk’s letter should be withdrawn, and Senator Natasha must be allowed to resume without delay. Anything less is an assault not just on her, but on every Nigerian who believes in the rule of law and the sanctity of representative democracy.