Legal scholar and legislative drafting expert, Dr. Tonye Clinton Jaja, has called on the President of the Senate, Godswill Akpabio, to temporarily step aside to allow the Senate to elect a Pro Tempore President in accordance with Order 22 of the Senate Standing Orders, 2023 (as amended). This recommendation, he said, is based on a careful reading of the July 4, 2025, judgment delivered by Justice Binta Nyako.
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In two strongly worded open letters addressed to Dr. Monday O. Ubani, SAN, who serves as Akpabio’s legal adviser, Dr. Jaja criticized the legal interpretation provided by Ubani and argued that the judgment by Justice Nyako implicitly expects the Senate to take corrective action to align with the Nigerian Constitution and applicable legislative laws.
Dr. Jaja, who has spent 19 of his 21 years in legal practice specializing in legislative law, stated that the judgment stopped short of expressly directing the Senate to act, but laid the legal groundwork for Senator Akpabio to vacate his position temporarily due to violations stemming from the suspension of Senator Natasha Akpoti-Uduaghan.
He emphasized that Justice Nyako found both Akpabio and Senator Neda Imasuen in breach of Section 63 of the 1999 Constitution and Section 14(2) of the Legislative Houses (Powers, Privileges and Immunities) Act, 2018 by suspending a legislator for six months, contrary to the legal limit of 181 days.
“No Nigerian judge, except one lacking legal competence, would categorically direct the 109 Senators on internal legislative matters. However, the implication of Justice Nyako’s ruling is unmistakable: the Senate must take action to correct these violations,” Dr. Jaja wrote.
He added that failure to comply with Section 63, which requires legislators to attend at least 181 sitting days, could result in the declaration of Akpabio’s seat as vacant, citing the precedent in Alegbe v. Oloyo (1983).
Dr. Jaja further highlighted that Akpabio’s repeated absences due to ongoing legal entanglements and his role as a prosecution witness could compromise his ability to fulfill his constitutional duties. The only constitutional safeguard, according to him, is for the Senate to activate Order 22 and elect a temporary replacement.
He also criticized the 10th Senate’s performance, noting that only 12% of its legislative agenda has been achieved and over 146 bills from the House of Representatives remain unattended. He blamed this underperformance on leadership distractions, including frequent legal battles and what he described as undue focus on internal controversies involving Senator Akpoti-Uduaghan.
“Instead of focusing on concurring bills and governance, the Senate leadership appears obsessed with court battles and character disputes. This is not sustainable,” Dr. Jaja noted.
He concluded by stating that the only member of the Senate with the political courage to move the motion for a Pro Tempore President might be Senator Natasha Akpoti-Uduaghan herself, who is expected to return to plenary on July 8.
“It may even turn out that Senator Natasha Akpoti-Uduaghan may be elected as the pro tempore President of the 10th Senate. We siddon dey look,” Dr. Jaja remarked.
Dr. Jaja reaffirmed that his intervention is rooted in legislative expertise and not personal animosity. He encouraged fellow legal professionals and legislators to understand and act on the constitutional implications of Justice Nyako’s judgment to preserve the integrity of the Nigerian Senate.
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