On Friday, July 4, 2025, the Federal High Court in Abuja delivered a significant judgment in the case involving Senator Natasha Akpoti-Uduaghan, who challenged her six-month suspension from the Nigerian Senate. Justice B.F.M. Nyako presided over the matter and addressed two critical issues: the legality of the suspension and the senator’s alleged contempt of court.
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1. Suspension Deemed Excessive and Unconstitutional
The court found that Senator Akpoti-Uduaghan’s six-month suspension — effectively barring her from sitting in the Senate for 180 days — was excessive and unconstitutional.
- Constitutional Duty Undermined: Justice Nyako held that such a prolonged suspension violates Section 63 of the 1999 Constitution, which guarantees citizens’ right to continuous representation in the National Assembly. By being suspended for the entire legislative session, the senator was effectively denied the opportunity to represent her constituents in Kogi Central.
- Court’s Ruling:
“To suspend a member for a period of 6 months equals to a suspension for 180 days, and this is the same number of days a member is expected to sit in the House… I find this excessive and overreaching.”
The court therefore ordered the Senate to recall Senator Akpoti-Uduaghan and allow her to resume her legislative duties.
2. Senate’s Authority and Compliance with Rules
The judgment also clarified the limits and procedures of Senate powers:
- Senate Rules vs. Constitution: While the Senate Rules govern internal processes, they cannot override constitutional rights. The court confirmed that the Senate President has the authority to allocate seats to senators, and a senator must comply with these rules to raise matters of privilege.
- Compliance Requirement: Senator Akpoti-Uduaghan had not complied with Chapter 3, Order 6 of the Senate Rules, which requires senators to speak from their allocated seats when raising issues. Because of this, the court ruled that the Senate President and relevant committees cannot take action on her grievances until she adheres to these procedural rules.
- Power to Review: The court stated the Senate may review and amend its rules, including Section 14(2) of the Legislative Houses (Powers & Privileges) Act, which was found to be excessive in the context of the suspension.
3. Why the Senator Must Apologise
Despite ruling against the suspension, the court found Senator Akpoti-Uduaghan guilty of contempt for disobeying a valid court order.
- Nature of Contempt: The senator had posted a satirical apology on her Facebook page in breach of an existing court order dated April 4, 2025. This act was viewed as disrespectful and undermining the authority of the court.
- Court’s Orders on Apology:
- Pay a fine of ₦5 million to the Federal Government Treasury.
- Publish a sincere public apology to the court in two national newspapers and on her official Facebook page within seven days of the judgment (by July 11, 2025).
- Who the Apology is Directed To: The apology must be directed explicitly to the court itself, not to the Senate, Senate President Godswill Akpabio, or any other party involved in the case. This distinction is critical, as the court’s authority was the entity being disrespected.
Summary:
The Federal High Court ruled that the six-month suspension of Senator Natasha Akpoti-Uduaghan was unconstitutional and ordered her reinstatement to the Senate. However, the senator was found in contempt of court for breaching a court order via a social media post and was mandated to publicly apologize to the court and pay a fine.
IN THE FEDERAL HIGH COURT OF NIGERIAThe judgment also reinforced the importance of following Senate procedural rules for addressing grievances and clarified the limits of the Senate’s disciplinary powers.
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