Ali Ahmad, a Professor of Law and former Speaker of the Kwara State House of Assembly, has faulted the interim injunctions from courts stopping the National Assembly from performing its constitutional function.
He spoke against the backdrop of the lingering feud between the Senate President, Senator Godswill Akpabio and Senator representing Kogi Central, Natasha Akpoti-Uduaghan.
The Senate had referred Akpoti-Uduaghan to the Senate Committee on Ethics, Privileges, and Public Petitions over her altercation with Akpabio.
The Federal High Court in Abuja had given an order restraining the 2nd Defendant (Senate Committee on Ethics, Privileges, and Code of Conduct from proceeding with the purported investigation against the Kogi senator for “alleged misconduct, sequel to the events that occurred at the plenary of the 2nd Defendant on the 20th day of February 2025, pursuant to the referral by the 2nd Defendant on the 25th of February 2025, pending the hearing and determination of the Motion on Notice for interlocutory injunction.”
But Ali Ahmad who also asked the Senate President to step aside to allow for a proper investigation of the allegation of sexual harassment levelled against him by the Senator expressed concern over the court issuance of interim injunction to stop another arm of government from performing its constitutionally donated duties.
Daily Trust reports that the Senate Committee had dismissed the petition against Akpabio, saying it is dead on arrival as it is already a matter before the court.
Ahmad in a chat with Daily Trust in Lagos said, “It is unfortunate that the court has just issued an interim order stopping the Senate from performing its constitutional function. This is an aberration.”
He explained that Section 456 of the constitution grants each of the arms of government its distinct powers, adding, “It’s wrong for an arm of government to purport to stop another arm from exercising its constitutionally donated powers, it cannot do that.”
“When a court stops Senate from performing its constitutionally guaranteed powers, it’s not done anywhere, it’s just like the assembly and the executive passing a law and assenting the law, to say that the court cannot pass the judgement, that is unconstitutional or National Assembly passing a resolution that the president cannot sign a budget or cannot present a budget.
“These are presidential executive powers. Judicial powers, nobody can stop the judiciary, legislative powers of investigation under section 88, no court in the land can stop them. So if a court is now issuing an interim order to stop the ethics and privileges committee, I’m not saying what the Senate President did is good or not, I’m concerned about the powers of the legislature.
“This has gone far for too long. There have been several judgements, even in the Appeal Court, saying procedurally no court can stop the National Assembly from performing its legislative, investigative function especially in this matter when the investigation centres on another Senator.
“Our courts should be mindful of granting interim orders. It is an abuse of the judicial powers and it should stop. That is my honest opinion.
“Look at the Diezani (former Petroleum Minister) cases, the Senate wanted to investigate but she would rush to court for interim orders which are all unconstitutional, stopping the Senate, the National Assembly from performing its constitutionally mandated functions.
“We have said it but the courts continue to do that. Something should be done. No interim order can stop the National Assembly from performing its constitutionally mandated power in section 4. Judiciary purports to use its power under Section 6. Section 6 is not above section 4, neither are both sections above section 5. Sections 4, 5 and 6 are on the same plain.”
