The Court of Appeal, Abuja Division, on Monday affirmed the suspension of the Kogi Central Senator, Natasha Akpoti-Uduaghan, by the Senate.
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The appellate court held that the Senate has the power to discipline any erring member and that, in the instant case, Akpoti-Uduaghan’s fundamental rights were not breached as alleged.
Delivering the unanimous judgment of a three-member panel in an appeal filed by Akpoti-Uduaghan against the judgment of the Federal High Court, Abuja, Justice Abba Bello Mohammed held that, by virtue of Section 66(4) of the Senate Standing Rules, the Senate is empowered to invoke disciplinary measures to ensure orderliness in its proceedings.
The court further held that the senator acted wrongly during the February 20, 2025 incident when the Senate President reallocated a new seat to her and she refused to comply with the directive.
It also dismissed Akpoti-Uduaghan’s claim that she was not given prior notice of the seat change, noting that there is no provision in the Senate Standing Rules requiring prior notification for such action.
In the unanimous judgment, Justice Mohammed stated that the Federal High Court ought, in the first instance, to have declined jurisdiction after establishing that the Senate acted in accordance with its rules, which permit the suspension of any erring member.
The Court of Appeal held that Akpoti-Uduaghan, upon being informed of the seat reallocation, ought to have complied, adding that the Senate was right to invoke Order Six, Rule Two, following her persistent refusal to obey the directive.
The court further noted that her refusal to appear before the Senate Committee on Ethics, Petitions and Privileges did not help her case.
Similarly, the appellate court dismissed her claim that the suspension was carried out in violation of an order of Justice Obiora Egwuatu of the Federal High Court, holding that since Justice Egwuatu had recused himself and the matter commenced afresh before Justice Binta Nyako, the earlier order was no longer subsisting.
However, the court faulted the contempt charge against the senator and the ₦5 million fine imposed on her by Justice Nyako.
According to the Court of Appeal, the failure of the trial court to serve Forms 48 and 49 on the senator was fatal to the contempt proceedings, and it accordingly set aside both the proceedings and the ₦5 million fine.
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