The Court of Appeal in Abuja has ruled that the Senate acted within its constitutional powers in suspending Natasha Akpoti-Uduaghan, senator representing Kogi Central, over alleged misconduct.
In a unanimous judgment delivered on Monday, a three-member panel of the appellate court held that Akpoti-Uduaghan’s parliamentary privilege and constitutional rights were not violated by the suspension.
Akpoti-Uduaghan had approached the court to stop the Senate Committee on Ethics, Privileges and Public Petitions from commencing disciplinary proceedings against her.
On March 4, the Federal High Court issued an order restraining the Senate from initiating disciplinary action against the senator, following an ex parte application filed by her counsel.
The court directed the defendants to appear within 72 hours of being served and show cause why an interlocutory injunction should not be granted.
Despite the order, the Senate, two days later, suspended the Kogi Central senator for six months over alleged gross misconduct. The decision followed the adoption of a report by the Committee on Ethics, Privileges and Public Petitions.
On March 19, Obiora Egwuatu, the presiding judge, vacated his earlier order restraining the Senate. At the resumed hearing on March 25, Egwuatu announced his decision to recuse himself from the case after taking the appearance of counsel to the parties.
He said the decision followed allegations of bias levelled against him by Senate President Godswill Akpabio. Egwuatu subsequently ordered that the case file be transferred to the Chief Judge of the Federal High Court, John Tsoho, for reassignment. The matter was later reassigned to Justice Binta Nyako.
In her judgment delivered on July 4, Nyako held that the privileges of a lawmaker are subject to the provisions of the Senate rules.
She ruled that the Senate President has the authority to alter the seating arrangements of lawmakers and that Akpabio was justified in denying Akpoti-Uduaghan the opportunity to speak during plenary, as she was not seated in her officially designated seat at the time.
However, the court faulted the six-month suspension, describing it as “overreaching” and “excessive.”
Nyako also found Akpoti-Uduaghan guilty of contempt for publishing a satirical apology to Akpabio. She ordered the senator to publish an apology to the court in two national newspapers and on her Facebook page within seven days, in addition to paying a N5 million fine.
Both Akpabio and Akpoti-Uduaghan filed separate appeals challenging different aspects of the Federal High Court judgment.
In its ruling, the Court of Appeal affirmed the powers of the Senate to suspend a lawmaker.
In the lead judgment delivered by Justice A. B. Muhammed, the court upheld Akpabio’s decision to deny the senator the opportunity to speak during plenary on February 20, 2025.
The court held that the Senate President acted in accordance with Senate rules, which empower him to allocate seating positions to lawmakers.
However, the appellate court set aside the contempt finding and vacated the N5 million fine imposed on Akpoti-Uduaghan.
