The court of appeal in Abuja has ruled that the senate acted
within its constitutional powers when it suspended Natasha Akpoti-Uduaghan,
senator representing Kogi central, over alleged misconduct.
In a unanimous judgment on Monday, a three-member panel of
the appellate court held that Akpoti-Uduaghan’s parliamentary privilege and
constitutional rights were not breached by her suspension.
BACKGROUND
Akpoti-Uduaghan had filed a suit to stop the senate
committee on ethics and public petitions from instituting disciplinary
proceedings against her.
On March 4, the judge issued an order restraining the senate
from commencing disciplinary proceedings against Akpoti-Uduaghan following an
ex parte application filed by counsel to the senator.
The judge ruled that the defendants must appear and show
cause within 72 hours, upon service of the order, why an interlocutory
injunction should not be issued against them.
Two days after the judgment, the senate suspended the Kogi
senator for six months over alleged gross misconduct.
The decision followed the adoption of the report by the
committee on ethics, privileges and public petitions.
On March 19, Obiora Egwuatu, presiding judge, vacated his
March 4 order restraining the senate from suspending the Kogi senator.
At the resumed court session on March 25, Egwuatu announced
his decision to recuse himself from the case after taking the appearance of
lawyers for the parties in the suit.
Egwuatu disclosed that his decision was due to an allegation
of bias against him by Akpabio.
He ordered that the case file be transferred to John Tsoho,
the chief judge of the federal high court, for reassignment.
The case was then reassigned to Binta Nyako, another judge.
FEDERAL HIGH COURT JUDGMENT
In her judgement on July 4, the high court judge held that the privileges of a lawmaker
are subject to the provisions of the senate rules.
She held that the senate president has the power to change
the seating arrangements of lawmakers, adding that Godswill Akpabio was
justified in refusing Akpoti-Uduaghan a chance to speak during plenary, as she
was not seated in her officially assigned position at the time.
However, the court faulted the duration of the plaintiff’s
suspension describing it as “overreaching” and “excessive”.
Nyako also found Akpoti-Uduaghan guilty of contempt by
publishing a satirical apology to Akpabio.
Consequently, Nyako ordered Akpoti-Uduaghan to, within seven
days, publish an apology to the court in two national dailies and also on her
Facebook page.
The court also ordered her to pay a N5 million fine.
THE APPEAL COURT JUDGEMENT
Both the Senate President and the Kogi central senator had
filed separate appeals challenging the judgment of the Federal High Court.
In its judgment, the court affirmed the powers of the Senate
to suspend a lawmaker.
In the lead judgment, A. B. Muhammed, one of the presiding
justices, upheld Akpabio’s decision to deny the senator the opportunity to
speak during plenary on February 20, 2025.
The court held that the Senate President acted in line with
the Senate rules, which empower him to allocate seats to lawmakers.
However, the appellate court vacated the contempt proceeding
and the N5 million fine that were awarded against Akpoti-Uduaghan
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