The Nigerian Senate has clarified that it is not under any legal obligation to immediately reinstate Senator Natasha Akpoti-Uduaghan, who was suspended from legislative duties for six months, despite a recent court ruling that described the suspension as excessive and unconstitutional.

In a statement issued on Sunday by its spokesperson, Yemi Adaramodu, the Senate maintained that the judgment delivered by Justice Binta Nyako of the Federal High Court, Abuja, did not contain any explicit or enforceable directive mandating Senator Akpoti-Uduaghan’s recall before the end of her suspension.

The clarification came in response to a letter sent to the Clerk of the National Assembly by Senator Akpoti-Uduaghan through her legal counsel, Michael Numa, SAN. In the letter, she cited the court’s ruling and declared her intention to resume legislative duties on Tuesday, July 15. She urged the Senate to treat her communication with urgency to avoid contempt of court.

However, Adaramodu stated that a thorough review of the Certified True Copy of the Enrolled Order from the court revealed no mandatory or injunctive pronouncement directing the Senate to reinstate the Kogi Central lawmaker.

“The Senate wishes to state categorically and for the avoidance of doubt that the Certified True Copy of the Enrolled Order did not contain any express or mandatory order directing the recall or reinstatement of Senator Natasha Akpoti-Uduaghan before the expiration of her suspension,” the statement read.

He added that Justice Nyako merely offered “advisory observations” on the length of the suspension, which are not binding in law.

Adaramodu emphasized that the Senate’s disciplinary powers, as granted under Section 60 of the 1999 Constitution, remain fully intact and were not curtailed by the judgment.

“Nowhere in the judgment did the court issue a declaratory or injunctive order mandating her recall. The Senate will, however, consider and deliberate on the judgment and take a constitutionally informed position, which will be communicated to the affected senator and the public,” he said.

The Senate reiterated its commitment to the rule of law, constitutional democracy, and judicial independence, but warned against what it termed “premature interpretations” of ongoing legal proceedings.

“In conclusion, there is no legal basis upon which Senator Natasha can resume legislative duties at this time,” Adaramodu said.

In her judgment, Justice Nyako ruled that Senator Akpoti-Uduaghan’s six-month suspension equivalent to 180 legislative sitting days—was excessive and unconstitutional. She held that such a prolonged suspension effectively deprived the senator’s constituents in Kogi Central of representation, in violation of Section 63 of the 1999 Constitution.

“To suspend a member for a period of six 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 ruled.

The court ordered the Senate to recall the senator and allow her to resume her legislative duties.

However, the judge also found Akpoti-Uduaghan guilty of civil contempt over a satirical social media post relating to the case, and imposed a N5 million fine. She was directed to publish a public apology in two national newspapers and on her Facebook page within seven days.

Meanwhile, many lawyers have expressed concern over the growing trend of institutions flouting court judgments actions that undermine the very laws they are meant to uphold. This disregard for judicial decisions, they argue, sends a dangerous signal to the international community, reinforcing the perception that Nigeria is not a safe destination for foreign investment.

According to them, when institutions tasked with enforcing the law become the very agents of its destabilisation, it erodes public trust and damages Nigeria’s democratic image globally.

Legal practitioners are also calling for disciplinary action against lawyers who manipulate or twist court rulings for political purposes. They warn that politicising the judiciary in the name of client loyalty or political gain not only undermines the justice system but also compromises the integrity of the legal profession.

They insist that upholding the rule of law must remain non-negotiable if Nigeria is to progress and attract serious investors and development partners.

Commenting on the situation, a U.S.-based judge told TheNigeriaLawyer:

“In developed countries, when a court declares something unconstitutional in a case, it means the entire process brought before the court is null and void. Lawyers in such jurisdictions respect the court’s ruling and act accordingly. Unfortunately, in Nigeria, there is a widespread lack of regard for the courts and the Constitution. This is why many lawyers especially some senior ones who no longer value the integrity of the profession continue to misrepresent clear court judgments, often twisting the meaning of even plain English.”

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