Legal practitioner Ekemini Udim has clarified that the Federal High Court judgment concerning the suspension of Senator Natasha Akpoti-Uduaghan did not order her immediate recall but instead recommended amendments to the Senate’s rules governing suspension durations.
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
Speaking on Channels Television after reviewing the Certified True Copy of the judgment, Udim explained that the court’s 12th order, which stated, “The Senate has the power to and I believe should recall the Plaintiff,” was a recommendation rather than a binding directive. He emphasized, “The judgment never said ‘recall Senator Natasha.’ It advised the Senate to amend its rules to address the open-ended suspension periods, which undermine democratic governance.” Udim further highlighted the court’s suggestion to revise the Legislative Houses (Powers and Privileges) Act to ensure that disciplinary actions are applied clearly and fairly.
Udim underscored that interpreting the judgment as a direct order to recall the senator “is not doing justice to that judgment.” He stressed, “The judgment is very simple, written in plain English. My lord has not said recall Senator Natasha. What the judge said was that you cannot do like this, you cannot do like that, and then makes a recommendation to the Senate and says Senate think of how you can amend your rules.”
According to Udim, Justice Binta Nyako’s ruling specifically recommended amendments to both the Senate rules and the Legislative Houses Privileges Act, noting that the current provisions allow indefinite suspensions without clear time limits. He explained, “The judge recommended amendment of the rules of the Senate and even went ahead to recommend amendment of the privileges act applicable to legislators at the National Assembly.”
Udim further clarified that it is not within the court’s power to make rules for the Senate, stressing that it is for the National Assembly to consider the judicial recommendations and amend their rules accordingly. “The courts cannot make rules for the Senate. Cannot make rules even for the House of Representatives. It is for the Senate, the House of Representatives to look back at that judgment and say well there is a recommendation from a court of law,” he said.
This interpretation contrasts with some human rights advocates who argue that the court’s decision is binding and constitutes an order for the senator’s reinstatement.
Senator Akpoti-Uduaghan was suspended for six months over alleged breaches of Senate rules, a punishment the court found “excessive and overreaching,” as it effectively deprived her constituents of representation for nearly 180 legislative sitting days.
The clarification comes amid controversy after Senator Akpoti-Uduaghan attempted to resume her duties on July 22, 2025, only to be physically barred from entering the National Assembly by security personnel. Udim criticized this confrontational approach to enforcing court rulings, stressing that legal processes such as contempt proceedings are the proper channels for compelling compliance, not public confrontations. He also noted that the matter is under appeal at the Court of Appeal, filed by Senate President Godswill Akpabio on jurisdictional grounds, which further complicates immediate enforcement of the judgment.
While some human rights advocates, including Precious Oruche, have argued that the court’s recommendation is binding under Section 287(3) of the Constitution, Udim maintained that misinterpreting the judgment as an order for immediate recall conflicts with the judgment’s plain language. He called on the Senate to heed the court’s guidance and amend its rules accordingly, emphasizing the importance of respecting judicial recommendations to uphold democratic principles.
“History of Rivers State Judiciary: A Compendium of Personalities on the Bench.” Authored by Ampim Gogo Blankson, Esq., Deputy Director at the Rivers State Ministry of Justice, in collaboration with the Rivers State Judiciary 💰 Cover Price: ₦20,000.00 (Twenty Thousand Naira) Bukky Law Books, Rivers State High Court Complex, Moscow Road, Port Harcourt – 📞 08034868754📞 08034729738📞 Enquiries:______________________________________________________________________ Follow the voice of wisdom. Read Prof. Mike Ozekhome SAN. Be Inspired. 
For Enquiries: 📞 +234 704 044 9375 | +234 814 813 4773 | +234 816 872 3532 ✉️ educodexl@gmail.com ______________________________________________________________________ Grab Your Complete Law Reports Now!!! IP, Company, Evidence & Land Cases - All Volumes With Digital Index!!!
To get a copy kindly Call 07044444777, 07044444999, 08181999888, https://alexandernigeria.com/ _____________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
