Behind the State Blog Politics Court Strikes Down Six-Month Senate Suspension of Akpoti-Uduaghan, Orders Her Return
Politics

Court Strikes Down Six-Month Senate Suspension of Akpoti-Uduaghan, Orders Her Return

A Federal High Court in Abuja has ruled that the Nigerian Senate acted beyond its constitutional powers by suspending Senator Natasha Akpoti-Uduaghan for six months. Justice Binta Nyako, who delivered the judgment on Friday, described the suspension as excessive and lacking any clear legal basis. According to the court, the Senate’s reliance on Chapter 8 of its Standing Orders and Section 14 of the Legislative Houses (Powers and Privileges) Act was flawed, as neither provision specifies a maximum suspension period. By suspending a senator for almost the entire legislative year, 181 sitting days, the Senate effectively silenced the voice of her entire constituency, an act the court deemed unconstitutional.

Justice Nyako emphasized that while the Senate has the authority to discipline its members, such actions must not infringe upon the rights of constituents to be represented in the legislature. In light of this, the court ordered Senator Akpoti-Uduaghan’s immediate recall to the Red Chamber, describing the suspension as overreaching and inconsistent with democratic principles.

However, the court also ruled in favor of Senate President Godswill Akpabio on a separate issue. It held that his decision to deny Akpoti-Uduaghan the opportunity to speak during plenary—because she was not seated in her designated chair—did not amount to a violation of her rights. Akpabio had argued that the judiciary had no business interfering in what he termed an internal affair of the legislature. Justice Nyako disagreed, affirming that matters involving fundamental rights and democratic representation fall squarely within the jurisdiction of the courts.

In an unexpected twist, the court imposed a penalty on Akpoti-Uduaghan for violating an earlier court directive that barred both parties from making public statements while the legal proceedings were ongoing. The senator had published what the court described as a “satirical apology” on social media, which Justice Nyako deemed to be in contempt of court. She was fined ₦5 million and ordered to issue a formal apology both on her Facebook page and in two national newspapers within seven days to purge herself of the contempt.

The ruling has drawn attention to the boundaries of legislative discipline, the role of the judiciary in internal parliamentary affairs, and the importance of safeguarding representation for every constituency in a democratic system.

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