Court documents sighted by our correspondent in Abuja showed that the counter-affidavit, marked SC/CV/1111/2025, was deposed to by a Senior Legislative Aide to Akpoti-Uduaghan and filed in response to Akpabio’s Motion on Notice dated January 21, 2026.
The respondents urged the apex court to “dismiss the application,” describing it as “lacking merit and an abuse of court process.”
They stated that “the Court of Appeal had concluded hearing in the substantive appeal on November 28, 2025, and reserved the matter for judgment,” adding that approaching the Supreme Court at this stage amounted to an attempt to interfere with an ongoing appellate process.
The respondents also maintained that Akpabio was given full opportunity to present his case at the Court of Appeal and that Akpoti-Uduaghan’s brief of argument was properly filed and never challenged.
They alleged that while other parties complied with the 35-page limit prescribed by the Court of Appeal Rules, 2021, Akpabio’s brief exceeded the limit and was not regularised within the time allowed, prompting the court to decline its admission.
The counter-affidavit further argued that the grounds of appeal raised issues of mixed law and fact without prior leave of court, rendering the appeal incompetent.
Dismissing claims of denial of fair hearing, the respondents said the Court of Appeal exercised its discretion judicially, urging the Supreme Court to throw out the application as an attempt to delay judgment.
The development comes a week after Akpabio again approached the Supreme Court over the suspension of Akpoti-Uduaghan.
The dispute arose from a February 2025 plenary session that led to her suspension following a recommendation by the Senate Committee on Ethics, Privileges and Public Petitions.
Akpoti-Uduaghan challenged the action at the Federal High Court, Abuja, which on July 4, 2025, faulted the suspension and described it as excessive and unconstitutional.
Despite completing her six-month suspension, the legal battle has continued, with Akpabio seeking leave to appeal at the Supreme Court, while Akpoti-Uduaghan insists that the suspension was unlawful and violated her right to fair hearing.
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