A Federal High Court in Abuja on Friday delivered a landmark judgment ordering the immediate reinstatement of Senator Natasha Akpoti-Uduaghan, declaring her six-month suspension from the Nigerian Senate as unconstitutional and excessive.
Justice Binta Nyako, who presided over the case, ruled that the Senate acted beyond its legal authority by suspending the senator representing Kogi Central Senatorial District, effectively denying her constituents representation in the National Assembly.
“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,” Justice Nyako stated.
Senate Exceeded Its Powers – Court Rules
The court found that the Senate’s reliance on Chapter 8 of its Standing Orders and Section 14 of the Legislative Houses (Powers and Privileges) Act to justify the suspension was flawed, as neither provision prescribes a maximum duration for suspensions. The judge noted that suspending a senator for six months, in a legislative calendar that only requires 181 sitting days, effectively silences a whole constituency and undermines democratic representation.
Justice Nyako described the Senate’s action as an overreach and ruled that Senator Akpoti-Uduaghan’s rights — and those of her constituents — had been violated.
On Akpabio’s Role and the Internal Affairs Argument
The court also ruled on the role of Senate President Godswill Akpabio, stating that his refusal to recognize Akpoti-Uduaghan during a plenary session—because she was not seated in her designated chair—did not constitute a breach of her rights.
More importantly, the judge rejected Akpabio’s claim that the matter was an “internal affair” of the legislature and beyond judicial scrutiny.
“Fundamental rights and constitutional representation are not internal matters. They are clearly within the jurisdiction of the courts,” Nyako asserted.
Contempt Fine Against Akpoti-Uduaghan
In a twist, the court found Senator Akpoti-Uduaghan guilty of contempt, ruling that a satirical post she made on Facebook on April 27 violated an earlier court directive prohibiting public commentary on the case. As punishment, she was fined several million naira and ordered to publish a public apology in two national newspapers and on her Facebook page within seven days.
Next Steps
Following the ruling, the Senate is now legally obligated to recall Senator Akpoti-Uduaghan and allow her resume her duties in the Red Chamber immediately.
This ruling marks a significant precedent in protecting the democratic rights of elected representatives and their constituents, and sets new boundaries on legislative disciplinary actions.
