The Abuja division of the Court of Appeal has ruled that the senate acted within its constitutional authority when it suspended the senator representing Kogi central, Natasha Akpoti-Uduaghan, over allegations of misconduct.
Delivering a unanimous judgment on Monday, a three-member panel held that the suspension did not violate Akpoti-Uduaghan’s parliamentary privilege or her constitutional rights.
How the dispute began
The legal battle stemmed from a suit filed by Natasha seeking to stop the senate committee on ethics, privileges and public petitions from commencing disciplinary action against her.
On March 4, the federal high court granted an interim order restraining the senate from proceeding with the disciplinary process, following an ex parte application by the senator’s counsel. The court directed the defendants to appear within 72 hours and show cause why a full interlocutory injunction should not be granted.
Despite the order, the senate suspended the Kogi lawmaker for six months two days later, citing alleged gross misconduct. The suspension followed the adoption of the committee’s report.
Developments at the high court
On March 19, Obiora Egwuatu, the presiding judge, set aside his earlier restraining order. At the next hearing on March 25, he announced his decision to withdraw from the case, citing allegations of bias raised by Senate President Godswill Akpabio.
Egwuatu ordered that the case file be transferred to the chief judge of the federal high court, John Tsoho, for reassignment. The matter was subsequently reassigned to Binta Nyako.
In her judgment delivered on July 4, Nyako held that the privileges of lawmakers are subject to the senate’s standing rules.
She ruled that the senate president has the authority to alter seating arrangements and that Akpabio was justified in preventing Natasha from speaking during plenary because she was not seated in her officially designated seat.
However, the judge faulted the length of the suspension, describing it as “overreaching” and “excessive”.
Nyako also found the senator guilty of contempt for publishing a satirical apology directed at Akpabio. She ordered the Kogi Central senator to publish an apology to the court in two national newspapers and on her Facebook page within seven days, and imposed a N5 million fine.
Appeal court’s decision
Both Akpabio and Natasha appealed different aspects of the high court ruling.
In its judgment, the court of appeal affirmed the senate’s power to discipline and suspend its members.
In the lead judgment, Justice A. B. Muhammed upheld Akpabio’s decision to deny Natasha the opportunity to speak during plenary on February 20, 2025, noting that the action was consistent with senate rules that empower the senate president to assign seats to lawmakers.
However, the appellate court overturned the contempt finding and set aside the N5 million fine imposed on the senator.
Read more news on www.newdailyprime.news
