Dr. Monday O. Ubani, Senior Advocate of Nigeria and Legal Adviser to the Office of the Senate President, has issued a strong rebuttal to an open letter by Dr. Tonye Clinton Jaja calling for the Senate President to temporarily step aside. Dr. Ubani describes Dr. Jaja’s interpretation of the July 4, 2025 judgment delivered by Hon. Justice Binta Nyako as “misguided, misinformed, and mischievous.”
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In his detailed response, Dr. Ubani argues that Dr. Jaja’s claim that the Senate President violated Section 63 of the Nigerian Constitution—requiring legislators to attend at least 181 days—is a “red herring.” According to him, the provision is directory, not mandatory, and cannot override the Senate’s constitutional disciplinary powers under Section 60.
He clarified that the court’s judgment did not expressly indict the Senate President or call for his resignation or stepping aside. Rather, the ruling focused on the procedural aspects of Senator Natasha Akpoti-Uduaghan’s suspension and emphasized the Senate’s authority to discipline its members while aligning its internal rules with constitutional standards.
Dr. Ubani further dismissed the relevance of the Alegebe v. Oloyo case cited by Dr. Jaja, describing it as unrelated to the current disciplinary matter in the National Assembly.
Most notably, Dr. Ubani condemned calls for a Pro Tempore Senate President to replace the current Senate President as “baseless and offensive,” stating that the Nigerian Constitution does not permit “whimsical substitutions” of duly elected officers based on speculative judicial interpretations.
He affirmed that the Senate remains committed to constitutional democracy and is open to constructive review and harmonization of its procedures where necessary, without succumbing to what he termed “ill-conceived and alarmist open letters.”
Concluding his statement, Dr. Ubani said, “The Senate President remains firmly in office, unshaken by such pedestrian calls, and continues to discharge his duties in accordance with the Constitution and in service of the Federal Republic of Nigeria.”
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