The Federal High Court in Abuja has ordered the immediate recall of Senator Natasha Akpoti-Uduaghan by the Nigerian Senate, declaring her suspension as lacking legal merit and denying her constituents proper representation.
Justice Binta Nyako, who delivered the judgment on Friday, held that the disciplinary action imposed by the Senate was unlawful. According to the judge, the six-month ban placed on the Kogi Central senator was “excessive” and lacked a clear legal foundation.
In her ruling, Justice Nyako also invalidated specific parts of the rules relied upon by the Senate for the suspension. She ruled that portions of Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act were “overreaching” and failing to specify a limit for how long a serving lawmaker can be suspended.
“Since lawmakers have a total of 181 sitting days in every legislative calendar, suspending a senator for six months, equivalent to roughly 180 days, essentially deprives the constituents of representation,” Justice Nyako stated.
While the court acknowledged that the Senate has the right to discipline its members, it warned that such actions must not come at the cost of democratic representation. “A legislative house has the power to sanction its members, but such punishment must not be excessive to the point of stripping constituents of representation,” the judge ruled.
The court also addressed allegations involving Senate President Godswill Akpabio, who had reportedly denied Senator Akpoti-Uduaghan a chance to speak during a plenary session. Justice Nyako dismissed the claim, noting that she was not occupying her officially designated seat at the time.
Akpabio’s argument that the matter was an internal legislative issue and outside the court’s jurisdiction was also rejected. Justice Nyako ruled that the case touches on constitutional rights that fall within the court’s purview. “The matter is not a mere internal affair of the Senate. It touches on the rights of voters and their elected representative,” the court noted.
In a separate judgment earlier on the same day, the court also found Senator Akpoti-Uduaghan guilty of contempt. The ruling followed her April 7 Facebook post, which contained a satirical apology directed at the Senate President, despite a subsisting gag order.
The judge held that the post mocked the court’s directive and ordered the senator to publish a formal apology in two national newspapers and on her Facebook page within seven days.
She was also fined N5 million by the court for the Facebook post.
