Federal High Court Orders Immediate Recall of Senator Natasha Akpoti-Uduaghan, Declares Suspension Unconstitutional

By DAYO ADESULU

A Federal High Court in Abuja has ruled the suspension of Senator Natasha Akpoti-Uduaghan by the Nigerian Senate as unlawful and excessive, ordering her immediate reinstatement to the Red Chamber.

Court Declares Senate Suspension of Senator Akpoti-Uduaghan Illegal

In a landmark decision on Friday, a Federal High Court in Abuja ruled that the Nigerian Senate exceeded its constitutional powers by suspending Senator Natasha Akpoti-Uduaghan for six months. The court ordered her immediate reinstatement to the Senate.

Delivering the judgment, Justice Binta Nyako criticized the upper chamber’s decision as “excessive” and legally baseless, pointing out that neither the Senate Standing Orders (Chapter 8) nor Section 14 of the Legislative Houses (Powers and Privileges) Act specifies a maximum duration for suspension.

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Why the Court Ruled the Suspension Unconstitutional

The judgment emphasized the implications of silencing an entire constituency for a prolonged period. Justice Nyako noted that the Nigerian National Assembly is constitutionally required to sit for at least 181 days per legislative year, and suspending a senator for roughly the same duration equates to denying the electorate their right to representation.

“While the Senate has the authority to discipline its members, such sanctions must not go so far as to deny constituents their right to representation,” Nyako stated.

Senate President Akpabio Partially Vindicated

In a related development, the court sided with Senate President Godswill Akpabio on a procedural matter. It ruled that his decision not to recognize Senator Akpoti-Uduaghan during plenary—citing her absence from her designated seat—did not infringe on her rights.

However, the court rejected Akpabio’s argument that the judiciary had no jurisdiction over internal legislative affairs, clarifying that matters involving fundamental rights and public representation fall squarely under judicial oversight.

Court Fines Senator Akpoti-Uduaghan for Contempt

Despite ruling in her favor, the court imposed a monetary penalty on Senator Akpoti-Uduaghan for violating an earlier court directive. The directive had barred all involved parties from making public statements concerning the ongoing legal proceedings. The fine, running into millions of naira, underscores the court’s commitment to upholding judicial authority.

Key Takeaways from the Judgment

• The six-month suspension imposed by the Senate was declared unconstitutional.
• The court ordered the immediate reinstatement of Senator Natasha Akpoti-Uduaghan.
• The Senate has disciplinary powers, but they must not infringe on constitutional representation.
• The court dismissed the claim that legislative actions are immune from judicial review.
• Senator Akpoti-Uduaghan was fined for contempt, despite winning the main case.

Implications for Legislative Oversight and Rule of Law in Nigeria

This ruling sends a strong message about the limits of legislative authority and the importance of safeguarding democratic representation. Legal analysts believe the case sets a precedent that will deter future overreach by legislative bodies.

It also reinforces the role of the judiciary as a check on abuse of power, ensuring that elected officials are held accountable not only to their colleagues but also to the people who voted them into office.

Frequently Asked Questions (FAQs)

1. Why was Senator Natasha Akpoti-Uduaghan suspended from the Senate?
She was suspended by the Nigerian Senate for alleged misconduct, though the exact reasons were not detailed publicly.

2. What did the court say about the legality of the suspension?
The court ruled the suspension excessive and unconstitutional, citing lack of legal basis in Senate Standing Orders or Nigerian law.

3. Is the Senate allowed to suspend a member?
Yes, but only within constitutional limits. The punishment cannot deny an entire constituency their right to representation.

4. Did Senate President Akpabio violate any laws?
The court ruled that Akpabio’s decision to not allow Akpoti-Uduaghan to speak while not in her seat did not violate her rights.

5. Why was Senator Akpoti-Uduaghan fined?
She was fined for violating a court order that barred public commentary on the legal matter.

6. What does this judgment mean for future suspensions in the Senate?
It sets a legal precedent, restricting the Senate from imposing long suspensions without explicit legal provisions.