Court of Appeal Upholds Senate Suspension of Akpoti-Uduaghan

The Court of Appeal in Abuja on Monday upheld the suspension of Senator Natasha Akpoti-Uduaghan, ruling that the Senate acted within its constitutional and procedural powers when it disciplined her. The appellate court, however, overturned a contempt conviction and N5 million fine previously imposed on the lawmaker.

Delivering judgment in a unanimous decision, a three-member panel held that the Senate’s disciplinary action, taken under its standing orders, was lawful and did not violate Senator Akpoti-Uduaghan’s parliamentary privileges or constitutional rights. Justice Abba Bello Mohammed, reading the judgment, affirmed that Section 66(4) of the Senate’s Standing Rules empowers the chamber to take necessary steps to maintain order during its proceedings.

The case stemmed from an incident on February 20, 2025, during which the Senate President, Godswill Akpabio, denied Senator Akpoti-Uduaghan the opportunity to speak from a seat she had not been assigned. The appeal court found the Senate President acted correctly, noting the rules grant him the authority to allocate seats and require members to speak only from their designated places. The court rejected the senator’s claim that she deserved prior notification of the seat change, stating the rules contain no such requirement.

The judgment also addressed the senator’s refusal to appear before the Senate Committee on Ethics, Petitions and Privileges, finding this non-compliance undermined her position. Furthermore, the court dismissed her argument that her suspension violated an earlier court order. It clarified that the initial judge, Justice Obiora Egwuatu, had recused himself, and the subsequent proceedings before Justice Binta Nyako were fresh, rendering any prior order null and void.

While upholding the suspension itself, the appeal court sharply criticized the contempt proceedings and fine levied by Justice Nyako. It held that the senator’s satirical “apology” to the Senate President did not constitute contempt deserving of such a penalty.

The ruling reinforces the broad disciplinary latitude afforded to legislative bodies in Nigeria to regulate their internal affairs, while also checking the judiciary’s use of contempt powers in disputes over parliamentary procedure. For Senator Akpoti-Uduaghan, the suspension from the Senate remains in effect, but the financial penalty has been nullified. The decision closes a significant chapter in the ongoing conflict between the lawmaker and the Senate leadership, setting a precedent on the limits of judicial intervention in internal legislative discipline.

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