Justice Binta Nyako of the Federal High Court in Abuja has ordered the immediate recall of Senator Natasha Akpoti-Uduaghan, representing Kogi Central, from her six-month suspension by the Senate.
Delivering judgment on Thursday, Justice Nyako ruled that the suspension was excessive and violated the constitutional rights of the lawmaker and her constituents. The judge specifically declared parts of Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act as overreaching and unconstitutional, as they do not define the maximum duration a lawmaker can be suspended.
The court noted that since the National Assembly is constitutionally required to sit for only 181 days in a legislative year, a six-month suspension effectively stripped the senator’s constituents of representation for nearly the entire session.
“Though the Senate has the power to discipline its members, such sanctions must not be excessive to the point of depriving the people of their right to be represented,” Justice Nyako stated.
However, the court also held that Senate President Godswill Akpabio was within his rights to deny Senator Akpoti-Uduaghan the opportunity to speak during a plenary session, as she was not seated in her designated official seat at the time. As such, the court ordered the senator to apologise to the Senate.
In addition, Justice Nyako imposed a ₦5 million fine on Senator Akpoti-Uduaghan for violating an earlier court order which barred both parties from making public statements regarding the case. The court directed her to publish a written apology within seven days in two national newspapers.
The judge also dismissed Senate President Akpabio’s argument that the court lacked jurisdiction over the matter, affirming that the judiciary has the authority to intervene where fundamental rights and democratic representation are at stake.
This ruling marks a significant development in the tension between legislative authority and constitutional protections, especially as it relates to the limits of internal disciplinary actions in Nigeria’s legislature.
