Human rights lawyer Femi Falana (SAN) on Wednesday said that it is unconstitutional for any legislative chamber to suspend or sack a member.
The lawyer said only a competent court of law can suspend or remove a member of the legislature whether at local, state or federal government level.
Falana made this comment in reaction to the suspension of Senator Ovie Omo-Agege (APC-Delta) from the Senate.
The Senate had suspended the Senator for 90 legislative days last week over his comment that “the reordered electoral timetable was targeted at President Muhammadu Buhari.”
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He said; “No legislative house can suspend or remove a member. It is only a court of law or the constituency that elected them can order the removal or suspension of their representative.
“This is because when you remove or suspend a legislator, his constituency no longer has a representative in that house and that is not legal.
“I handled the case of Dino Melaye and others when they were being suspended from NASS in 2011. I handled the case of Dana vs Bauchi house of assembly from the high court to court of appeal. As of today, his case is the locus classicus on the tenure of members.”
