A Federal High Court sitting in Abuja on Friday ruled that the Nigerian Senate acted beyond its powers by suspending Senator Natasha Akpoti-Uduaghan for six months, declaring the suspension excessive and ordering her immediate recall to the Red Chamber.
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Delivering judgment, Justice Binta Nyako held that while the Senate possesses the constitutional authority to discipline its members for violating Standing Orders, such sanctions must not be disproportionate to the alleged misconduct or used to silence the voice of an entire constituency.
The court noted that the National Assembly is required to sit for only 181 days in a legislative year, making a six-month suspension equivalent to denying the people of Kogi Central their right to representation — a move deemed unconstitutional.
Justice Nyako further ruled that the legal instruments relied upon by the Senate — specifically Chapter 8 of the Standing Orders and Section 14 of the Legislative Houses (Powers and Privileges) Act — do not provide for a maximum suspension period, making the Senate’s action overreaching in this case.
However, the court ruled in favor of Senate President Godswill Akpabio, affirming that his decision to deny Senator Akpoti-Uduaghan the floor during plenary due to her failure to sit in her assigned seat did not amount to a violation of her rights.
The court also dismissed Akpabio’s claim that the matter was an “internal affair” not subject to judicial review, maintaining that issues affecting fundamental rights and legislative representation fall squarely within the purview of the judiciary.
In a twist, the court found Senator Akpoti-Uduaghan guilty of contempt for publishing a satirical “apology” to the Senate President on her Facebook page on April 7, in clear violation of a court order issued on April 4 barring public commentary on the case.
The court described the post as a deliberate mockery of the judiciary and the Senate, and imposed a ₦5 million fine payable to the Federal Government. It also directed Senator Akpoti-Uduaghan to publish a formal apology in two national newspapers and on her Facebook page within seven days.
The court dismissed Akpoti-Uduaghan’s challenge to her referral to the Senate Committee on Ethics, Privileges, and Public Petitions, upholding the process as valid and grounded in the Senate’s Standing Orders.
It also ruled that:
- The Senate has constitutional powers to discipline members.
- Reallocation of her Senate seat by the Senate President was lawful under Section 6(1) of the Senate Rules.
- Her attempt to speak from an unallocated seat violated Section 6(2) of the Rules.
- The referral to the Ethics Committee for disciplinary action was procedurally sound.
Though the court upheld the Senate’s authority, it cautioned against the use of disciplinary measures to stifle representation, calling the six-month suspension excessive and disproportionate.
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