Appeal Court backs Senate’s suspension of Natasha Akpoti-Uduaghan

The Court of Appeal in Abuja on Monday upheld the decision of the Senate to suspend the lawmaker representing Kogi Central, Senator Natasha Akpoti-Uduaghan.

In a unanimous judgment delivered by a three-member panel, the appellate court ruled that the upper legislative chamber acted within its powers to discipline its members and found that the senator’s fundamental rights were not violated.

Justice Abba Bello Mohammed, who read the lead judgment, held that under Section 66(4) of the Senate Standing Rules, the Senate is authorised to apply disciplinary measures aimed at maintaining order during plenary and other proceedings.

The court agreed with the Senate’s position that Akpoti-Uduaghan acted improperly during the February 20, 2025 incident in which the Senate President reassigned her seat and she declined to comply with the directive.

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It also rejected her argument that she ought to have been given prior notice before the change, noting that the rules of the Senate do not mandate advance notification for such adjustments.

The appellate court further held that once it was established that the Senate acted in line with its internal regulations, the Federal High Court should have declined jurisdiction at the outset, since those rules empower the chamber to suspend any member found wanting.

According to the judgment, the senator should have obeyed the directive after being informed of the new seating arrangement. The panel said the Senate was justified in relying on Order Six, Rule Two, after what it described as her continued refusal to comply.

Her failure to honour an invitation to appear before the Senate Committee on Ethics, Petitions and Privileges was also cited as a factor that weakened her case.

On her claim that the suspension breached an earlier order made by Justice Obiora Egwuatu of the Federal High Court, the Court of Appeal held that the order had lapsed because the judge later recused himself and the suit started afresh before Justice Binta Nyako.

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However, the appellate court set aside the contempt proceedings and the ₦5 million fine imposed on Akpoti-Uduaghan by the trial court. It ruled that the failure to serve the required Forms 48 and 49 rendered the contempt action defective.

While voiding the fine, the court maintained that the Senate’s decision to suspend the lawmaker remained valid.

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