The Nigerian Bar Association (NBA) has strongly criticized the six-month suspension of Kogi Central Senator, Natasha Akpoti-Uduaghan, describing it as a violation of due process and her fundamental rights.
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The NBA and opposition parties condemned the Senate’s decision, arguing that Akpoti-Uduaghan was denied ample time to present her sexual harassment complaint against Senate President Godswill Akpabio before being sanctioned.
Akpoti-Uduaghan’s legal counsel, Victor Giwa, declared the suspension illegal, citing an existing court order that restrained the Senate Committee on Ethics and Privileges from taking further action on the matter. He maintained that the Senate’s resolution was in direct contempt of the court.
“The suspension is void and cannot take effect. There is a court order stopping the committee from proceeding, yet they went ahead to suspend her. This is a clear case of undermining the judiciary,” Giwa stated.
He further disclosed that Akpoti-Uduaghan would challenge the suspension in court, emphasizing that legal action would be taken against those responsible for violating the judicial directive.
“The case is coming up in two weeks, and we will inform the court that despite being served with the order—including the Senate President—they still acted in violation by suspending her,” he added.
The lawyer also noted that while the matter is currently being handled locally, the international community is observing the situation closely.
“The Senate must adhere to international best practices, which dictate that once a case is in court, no further action should be taken,” Giwa insisted.
The Senate had imposed the six-month suspension on Akpoti-Uduaghan following her confrontation with Akpabio over seating arrangements in the red chamber and her allegations of sexual harassment. However, Giwa argued that her suspension was a deliberate attempt to silence her.
“The Nigerian Constitution supersedes Senate Standing Orders. Section 6, subsection 6 of the Constitution grants every citizen the right to seek redress when their civil rights are violated. Senator Natasha has done exactly that. Her suspension is an attempt to punish her for speaking up against wrongdoing,” he said.
In his contribution, the Chief Whip of the Senate, Tahir Monguno; Senate Minority Leader, Abba Moro; and Senators Jimoh Ibrahim, Sunday Karimi, Francis Fadahunsi, Mohammed Dandutse, Cyril Fasuyi, and Adams Oshiomhole commended the committee for a job well done.
This is just as they condemned Akpoti-Uduaghan’s disobedience of the Senate Rules, which in their opinion, brought the law-making body into disrepute.
They called for the enforcement of the sanctions, arguing that anything short of that would lay a dangerous precedent for the parliament.
On his part, Senator Orji Kalu (APC, Abia North) sought the protection of the aides of the embattled lawmaker as he called for the amendment of the prayer concerning them.
Kalu said, “We cannot punish the aides of Senator Natasha for an offence they did not commit. They are staff of the National Assembly and they have no other farm or means of livelihood apart from the salaries they earn from the Senate.
“As such, it would be wrong for us as a Senate to deny them and their families their salaries. I move that we should please amend that recommendation and allow them to earn their salaries.”
The Senate agreed with Kalu’s suggestion and saved the Kogi Senator’s aides from losing their salaries for six months.
In a debate featuring lawmakers elected on the platforms of different political parties, the Senate adopted all the recommendations, albeit with an amendment to prayer six, allowing the Kogi lawmaker’s aide to draw their salaries and allowances during the suspension period.
Effort by a former president of the Senate, Ahmad Lawan, to stop the red chamber from withdrawing the security aides of the suspended senator failed as the Senate President rejected it.
After the adoption of the report, Senator Akpoti-Uduaghan briefly interrupted the proceedings.
She said, “This injustice against me will not be sustained. I will fight against it.”
The Kogi politician was, thereafter, escorted out of the chamber by the Sergeant-At-Arms personnel in the chamber.
She rebuffed efforts by journalists to speak with her as she drove away in her black Sports Utility Vehicle.
Earlier before her suspension, she had resubmitted a sexual harassment petition against Senator Akpabio during plenary, this time, on behalf of her constituents, led by one Zubairu Yakubu.
After confirming there were no legal barriers, Akpabio directed her to lay the petition before the Senate.
Her petition was then referred to the Senate Committee on Ethics, Code of Conduct, and Public Petitions, chaired by Imasuen with a mandate to report back within four weeks.
Meanwhile, Akpabio has disclosed that he slept in a hotel located within the premises of the Dangote Cement factory in Obajana, Kogi State when Akpoti-Uduaghan wedded her heartthrob, Mr Emmanuel Uduaghan.
He said, “The person we are talking about here is the wife of my very good friend, or so I thought. I slept in Dangote Cement Factory in Obajana, Kogi State on the night of Senator Natasha’s wedding because the Kogi airport lights were in a poor state.”
The former governor disclosed that as the Senate President, his responsibility is to protect the institution, relying on the rules.
“The rules give me the power to give a ruling on points of order. I’m in the best position to interpret the rules of the Senate,” he added.
In the same vein, the Leader of the Senate, Opeyemi Bamidele, denied threatening Akpoti-Uduaghan during a midnight conversation with her and challenged security agencies to investigate his claims.
Akpoti-Uduaghan’s colleague from Kogi West Senatorial District, Senator Sunday Karimi also apologised to Akpabio for backing her for a leadership role.
The Senate, thereafter, warned the suspended senator to stop violating the Senate Standing Rules.
The Chief Whip of the Senate, Monguno, gave the warning after reporting to the Senate that the embattled lawmaker had persistently refused to stand to her feet anytime the Senate President led the procession to commence the day’s plenary in clear violation of the Senate Standing Orders 55(1).
Monguno said Akpoti-Uduaghan cannot hide under a session of the rules to air her opinions and at the same time disregard other provisions in the Standing Orders.
“Senator Natasha has been consistently and persistently in breach of this rule. He who comes to equity must come with clean hands. We urge her to study the rules and comply in observance and not in breach,” Monguno said.
However, Akpoti-Uduaghan’s suspension has continued to reverberate across the polity with the NBA, former Vice President Atiku Abubakar and the Labour Party presidential candidate in the 2023 election, Peter Obi expressing displeasure over the handling of the case.
The Chairperson of the NBA Women Forum, Huwaila Muhammad, queried the manner in which the matter was handled.
She stated that Akpoti-Uduaghan’s suspension, which is a build up on the dispute between her and Akpabio, might not have been the right decision to take in the interest of justice.
Stressing that in the interest of justice, she deserved fair hearing before such decision should have been taken.
She said, “To start with I will say on the suspension, we are all lawyers and would like to see fairness across board. We know the allegation is very big and he who asserts must prove so we will want her to prove the allegations and we expect fairness in it.
“I see her suspension as a kind of intimidation; you cannot be a judge in your own court. If something affects you, slide by the side and let justice take its course because we need to see fairness.
‘’We as citizens we would like to see a fair level ground for everybody. She is alleging and proving and peradventure she is unable to prove what she has alleged, she knows what would come to her. We are in a democracy, suspension is not the answer.’’
Speaking further, Muhammad noted, “The question here is: Did the committee call her before suspending her? Did she refuse to come? Did she send a representation? If she was not called then what was the yard stick used in suspending her and if she was called and she refused to go that will be very wrong of her because she was called to prove her innocence and her refusing to honour the invite will be wrong.
‘’ Those who suspended her should know there are people out there watching and we all want justice because as far as we are concerned, the Senate is a sacred place and what is happening right now should not be happening.’’
Professor Itsey Sagay (SAN) stated that since the matter was already before a court of law, it should have been left for the courts to decide.
‘’The matter is in court as I know and I’m surprised they didn’t leave it at that stage. I feel very sympathetic towards her because in an assembly full of men there’s a tendency towards self-defence but the men rather than looking at the matter objectively, they didn’t.
‘’I think very seriously she is at a disadvantage in that type of circle. It can never be right because everybody is saying I could be the one. My advice to her is to put the matter behind her and carry on with her life totally ignoring all those things and do her job for her people of Kogi knowing that they elected her,’’ he counselled.
Chief Awa Kalu, SAN, believed the Senate was too hasty in their decision, saying, “My comment on the decision of the Senate is that it is hasty.”
Like the NBA, Wale Balogun (SAN), argued that there are procedural steps that should be followed before the lawmaker was suspended.
“Legally, it is an internal affair of the legislators and they have their rules of engagement provided exercising their right and rules of engagement which they comply with as their own internal rules and regulations and then in addition to that, exercising such actions in compliance with the Constitution.
‘’For instance, was she heard? This is a fundamental constitutional provision. The Constitution requires that your internal procedure notwithstanding, should ensure that the person is invited. She should have been heard.’’
Another senior lawyer, Lekan Ojo (SAN) also questioned the suspension stating that she has a right to cry out to the public.
“They suspended her for what? For crying to the public. But again, there are certain things in life when you get to a particular stage or you attain a particular status in life, there are ways and manners in which you must go about particular things,’’ he noted.
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