Senate President Godswill Akpabio has filed an appeal
seeking to overturn a federal high court judgement which directed the senate to
lift the suspension imposed on Natasha Akpoti-Uduaghan, senator representing
Kogi central.
The notice of appeal, dated July 14, 2025, was filed at the
Abuja division of the court of appeal.
Akpabio is challenging the July 4 ruling delivered by Binta
Nyako, which described the six-month suspension of Akpoti-Uduaghan as
“overreaching” and in violation of her constituents’ right to representation.
While the court acknowledged the senate’s constitutional
authority to discipline its members, Nyako held that the length and nature of
Akpoti-Uduaghan’s suspension were excessive. The court also imposed a ₦5
million fine on the senator for contempt, citing a satirical Facebook post made
during the proceedings that allegedly breached an earlier restraining order.
In response, Akpoti-Uduaghan has filed her own appeal,
contesting the contempt ruling on jurisdictional grounds. She argued that the
trial court lacked the authority to entertain a contempt charge based on
conduct that occurred ex facie curiae — that is, outside the courtroom.
Akpabio’s legal team, in a cross-appeal, has also challenged
the jurisdiction of the federal high court. They argued that the matter
involves internal parliamentary affairs, which are beyond judicial scrutiny
under Section 251 of the 1999 Constitution.
In his 11-ground appeal, Akpabio faulted the trial court for
dismissing his preliminary objection and making pronouncements that, in his
view, intrude on the legislative autonomy guaranteed under the Legislative
Houses (Powers and Privileges) Act.
He contended that parliamentary procedures, including
suspensions, utterances during plenary, and senate resolutions, are shielded
from judicial interference. The appeal further argued that Akpoti-Uduaghan’s
suit was premature, as it failed to exhaust internal mechanisms, notably the
senate committee on ethics, privileges, and public petitions, as required by
the Senate Standing Orders (2023, as amended).
Akpabio also accused the trial judge of denying him a fair
hearing by raising and deciding on issues such as whether the suspension was
excessive, that either party did not canvas. He described this as a breach of
judicial neutrality.
In addition, the appeal criticised the court for merging
interlocutory reliefs with substantive claims, a move Akpabio’s lawyers said
violated legal procedure. They also argued that the suit should have been
struck out for failure to comply with Section 21 of the Legislative Houses Act,
which mandates a three-month pre-action notice to the clerk of the national
assembly before instituting legal proceedings.
Akpabio is asking the appellate court to allow his appeal,
set aside the judgement of the federal high court, and affirm the senate’s
disciplinary action against Akpoti-Uduaghan.
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