For most of last week, Senate President Godswill Akpabio was in the eye of the storm as his traducer, Senator Natasha Akpoti-Uduaghan, who represents Kogi Central, was relentless in getting her voice hear loud and clear. Though the matter eventually culminated in the suspension of the Kogi State senator for six months on Thursday, it is clear that the drama has not ended yet. The whole saga, as we have seen in the last few weeks, smacks many wrongs and few rights. The Senate scored some rights and some wrongs, the same for the Kogi State senator. But in apportioning the rights and the wrongs, we have to distinguish between emotions and the rules.
Recall that in July of 2024, Senator Akpabio had compared the conduct of Senator Akpoti-Uduaghan to that of someone in a nightclub. That statement incensed the Kogi Central senator, the womenfolk, and a number of other senators. Days later, Akpabio, having sensed the mood of the Senate, spoke from his chair and said: “I will not intentionally denigrate any woman and always pray that God will uplift women, Distinguished Senator Natasha, I want to apologise to you.” That was expected of him and by that statement, Akpabio brought some calm into the relationship between him and the Kogi senator, but as we are to discover in the last two weeks, still waters do run fast under the surface.
The latest scene of the drama started with what looked like an innocuous development on the Senate floor. The Senate president, in exercise of the power conferred on him by the 1999 Constitution (as amended) and the Senate Rule book, made adjustments to the seats in the minority wing of the chamber and relocated Senator Akpoti-Uduaghan. The excuse was that following the defection of some senators from the minority side, seat adjustments had to be effected. That was within Akpabio’s power. Remember that the Senate Rule book does not only empower the Senate president to allocate seats, but he can also change the seats occasionally. So, Akpabio was right with that action. But perhaps Akpoti-Uduaghan, based on family relationships with the Akpabios, expected that she would have been alerted of the impending seat change. And on getting to the floor of the Senate to discover the seat switch, she got alarmed. Was she right to flare up? No, that is the answer. Apart from the powers of the Senate president to change seats allocated to senators, the rule book also says that every senator must speak from the seat allocated. The implication is that anything a senator says outside the allocated seat will not go into the Senate records. The Senate, or any parliament for that matter, is a regulated environment. The Hansards take records of every word and action made on the floor of the chamber. And so, it is incumbent on every senator to follow the rules.
So, on Thursday, February 20, when Senator Akpoti-Uduaghan raised hell over her seat relocation and engaged Senator Akpabio in a shouting match, she was on the wrong side of the Senate Rule book. No Senator is expected to be unruly. In fact, unruly conduct can be summarily punished by the presiding officer. It is important to note that the rules of the Senate treat the occupier of the chair of Senate President like a golden egg. The President of the Senate is the number three citizen in the country, even though he was elected to represent a constituency like his colleagues. He is first among equals, but the numero uno position comes with a lot of difference.
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A legislative expert once told me that the Chair of the President of the Senate must be revered at all times and that infractions to the rules are heavily punished unless the offender shows penitence. The rule says the President of the Senate must be heard in silence; Senators must avoid naming (being called out for unruly conduct); and that any situation that compels the President of the Senate to rise up to hit the gavel in trying to restore order could earn the culprit (any named senator) summary dismissal. Those are the powers of the President of the Senate, which Madam Natasha was trying for size. I think it is important that Senators are taken through inductions on the rules and regulations, whether they got in mid-term or at the beginning of the session.
Rules are very key to operations in a big club like the Senate or the House of Representatives. But as we will later discover on this page, the number of years spent on the floor does not necessarily guarantee a clear understanding of the rules.
Well, as we saw it, Senator Akpoti-Uduaghan raised hell by protesting the decision of the Senate to relocate her seat. She was out of order, and her colleagues noted the same. With another presiding officer, she could have been suspended right there. But Akpabio didn’t do that. Then, the Kogi Central senator opened another flank, this time, outside of the Senate chamber. She granted an interview to Arise television, claiming that she had been sexually harassed by Akpabio. Here, too, Senator Natasha was on the wrong side of the Senate rules. Yes, she has a right of freedom of speech, but if the right must be meaningfully exercised, she must do so in compliance with the rules of the club she belongs-the Senate. This is expressly so because she is covered by Order 10 of the Senate Rule Book, which permits her to raise issues of privilege without previously notifying the President of the Senate or the presiding officer. The elders and the holy books also say that when you remove the log from the eyes, you show it to the eyes. As a club, the senate detests the washing of its dirty linen in the public. Such conduct led to the suspension of the late Senators Arthur Nzeribe and Joseph Waku, as well as Senator Ovie Omo-Agege, Senator Ali Ndume and even Senator Abdul Ningi in the recent past.
Rather than go to the court of public opinion to accuse Akpabio of sexual harassment, Senator Akpoti-Uduaghan should have quietly assumed the seat allocated to her, raise her complaints through Order 10 and at the same time tender details of her sexual harassment allegation against Akpabio and seek Senate’s intervention. If she had done that, she would have been on the right side of Senate Rules and had Akpabio by the balls. As much as the Senate rules forbid a senator from submitting a petition he or she personally signed, the Senate does not forbid any lawmaker from raising allegations that affect either their rights or privileges on the floor. Several newspaper editors have been summoned before the Ethics Committee to answer questions of alleged breach of the privilege of senators. I recall that as correspondents in the chamber, senators were always unhappy each time we scooped a story or blew open a report they were about to submit. Such senators didn’t need to write a petition. They would only come to the floor and raise points of order on privilege. Senator Akpoti-Uduaghan failed to do that.
But the conduct of the Senate President and some of the principal officers on Wednesday, March 5, left so much to be desired of the Senate. I was shocked to see Senator Akpabio rule Senator Natasha in order; he also ruled Senator Mohammed Monguno in order as well as Senator Opeyemi Bamidele. How do you have three right rulings on one issue? First, he allowed Senator Natasha to lay a defective petition on the Senate table. That’s expressly out of order. In the days of Senate Presidents David Mark, Bukola Saraki, and Ahmad Lawan, we saw how such scenes were handled.
A David Mark as Senate president would simply ask the senator: “Distinguished Senator, please open to Order 40(4) and read.”
By the time the senator finished reading the order and seeing the order had negated his or her motion, he would only be begging to withdraw that motion. That was not the case with Akpabio. And to make matters worse, the clerks at the table were also looking lost. They could not guide the presiding officer in any way. That tells a bit about human resource capacity in the assembly. But then the Senate Leader, Opeyemi Bamidele and the Chief Whip, Mohammed Monguno, who have spent quite a long time in the National Assembly, should know better. Their interventions did more damage to Akpabio’s Senate. Once the President of the Senate had ruled Senator Natasha in order to submit a petition she personally signed, (against the rules of the Senate which forbids such), and the Kogi Central senator had approached the chair and laid the petition on the table, the matter in a way becomes sub judice, to borrow the language of the law. The Senate Rule Book classifies such an action as “Matters Not open to Debate.” So at that point, the matter was no longer open to debate. Since the gavel has been hit and the action has been taken, no senator has the right to reopen the case. It was wrong of Senator Bamidele and Monguno to immediately start to revisit a closed matter, and that’s illegal. It is wrong for Akpabio to allow it.
I recall an incident in the 6th Senate when President Umaru Yar’Adua was bedridden in Saudi Arabia. Some senators moved a motion, seeking the Senate to constitute a panel to visit Saudi and ascertain the health status of the president. Somehow, when the motion was finally passed on a day, Senator Ike Ekweremadu presided, it turned out that the motion only mandated the Federal Executive Council to do the assignment. The original proponents of the motion were enraged, but they were not allowed to reopen the matter. They had to go into lobbying and eventually secured signatures of two-thirds of the Senate to re-table the matter and that paved the way for the adoption of the famous “Doctrine of Necessity.” That’s how serious the matter should be handled, but it was trivialized by Akpabio, the Senate Leader and Senate Whip. That’s on the wrong side of the rule.
Now that Senator Akpoti-Uduaghan has been suspended, many would say she was being silenced. That is far from the truth. Her suspension was on the basis of what the senate perceived as unruly behavior on the floor. We are yet to hear the details of her sexual harassment allegations, and I believe that she has avenues to ventilate that. Nigerians earnestly await these details, which should be salacious enough to help us cool off some heat.
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