Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has criticised the Nigerian Senate for refusing to recall Senator Natasha Akpoti-Uduaghan despite a clear judicial pronouncement declaring her six-month suspension as unconstitutional and excessive.
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Justice Binta Nyako of the Federal High Court, Abuja, had in a judgment delivered on July 4, 2025, ruled that the suspension of the lawmaker representing Kogi Central was not only excessive but also violated the principles of democratic representation. The court noted that a six-month suspension in a legislative calendar comprising 181 sitting days effectively strips a constituency of its voice and undermines democracy.
In what Falana described as a “brazen act of contempt,” the Senate has declined to reinstate the lawmaker, arguing that the Certified True Copy (CTC) of the judgment does not contain a mandatory order compelling her recall.
Reacting, Falana insisted that the decision of the Federal High Court, including its recommendation for her recall, is binding under Nigerian constitutional law.
“It is pertinent to state that since the learned trial judge made a determination that Senator Natasha Akpoti-Uduaghan’s suspension is excessive and unconstitutional, the consequential recommendation of the court is binding on the members of the Senate,” Falana said.
Citing Section 318 of the Constitution, Falana pointed out that a court “decision” includes not just a judgment or order, but also a recommendation. He further referenced the Court of Appeal decision in Peoples Redemption Party v. Ondo State Independent Electoral Commission & Ors (2018), where the court held that any judicial determination qualifies as a decision under the Constitution.
“Since Justice Nyako has settled the controversy over the legal validity of the six-month suspension of Senator Natasha Akpoti-Uduaghan by a judicial decision and advised the Senate to recall her without any conditionality, there can be no justification for treating the valid decision of the Federal High Court with disdain,” Falana argued.
He also invoked Section 287(3) of the 1999 Constitution, which mandates that all decisions of the Federal High Court “shall be enforced in any part of the Federation by all authorities and persons.”
According to the senior lawyer, the Senate’s subsequent appeal to the Court of Appeal is both “unwarranted and ridiculous,” since the chamber insists that the Federal High Court merely offered advice and not a binding directive.
“What is the legal basis for challenging a decision of the Federal High Court that is supposedly not binding on the Senate? Or why is the Senate praying the Court of Appeal to quash and set aside the said advice?” Falana asked.
He maintained that by ignoring the clear determination of a competent court and proceeding to appeal what it claims is not binding, the Senate has brought unnecessary disrepute upon itself and its processes.
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