Appeal Court Backs Senate: Natasha Akpoti's Suspension Upheld, Fines Canceled!

The Court of Appeal, Abuja Division, has affirmed the suspension of Senator Natasha Akpoti-Uduaghan, who represents Kogi Central, by the Nigerian Senate. In a unanimous judgment delivered by a three-member panel, the appellate court ruled that the Senate acted within its constitutional and procedural powers to discipline an erring member and that the Senator's fundamental or parliamentary rights were not breached.
The dispute originated from an incident on February 20, 2025, during Senate proceedings. According to court findings, the Senate President, Godswill Akpabio, had allocated a new seat to Senator Akpoti-Uduaghan, which she refused to accept, thereby disrupting order. The court held that the Senate President is empowered by the chamber's standing rules to assign seats to lawmakers, and members are only permitted to speak from their designated positions. Senator Akpoti-Uduaghan's claim of not receiving prior notice for the seat change was deemed unattainable, as no provision for such notification exists.
Following her persistent refusal to obey the Senate order and move to her new seat, as well as her refusal to appear before the Senate Committee on Ethics, Petition and Privileges, the Senate adopted a report by its Ethics Committee on March 6, 2025, and suspended her for six months for alleged misconduct and violation of Standing Orders. The suspension barred her from performing duties, sealed her office, and withheld salaries and allowances. She was eligible for an earlier return only if she submitted a written apology, which she declined.
Prior to her suspension, Senator Akpoti-Uduaghan had filed a suit at the Federal High Court in Abuja to halt disciplinary proceedings, linking the Senate's action to an earlier sexual harassment petition she had filed against Senator Akpabio, a claim he denied. An initial restraining order issued by Justice Obiora Egwuatu on March 4 was subsequently vacated on March 19, and Justice Egwuatu recused himself from the case on March 25, citing an allegation of bias. The case was then reassigned to Justice Binta Nyako.
In her judgment on July 4, Justice Binta Nyako of the Federal High Court held that a lawmaker's privileges are subject to Senate rules and affirmed the Senate President's power to change seating arrangements. She found Senator Akpoti-Uduaghan guilty of contempt for publishing a satirical apology to Akpabio on social media while the suit was ongoing, imposing a N5 million fine and ordering a public apology. However, Justice Nyako also faulted the six-month duration of the suspension, describing it as “overreaching” and “excessive,” and ordered her recall, though without mandating immediate reinstatement.
Both Senator Akpoti-Uduaghan and Senator Akpabio filed separate appeals challenging various aspects of Justice Nyako's ruling. Delivering the lead judgment in the appeal, Justice Abba Bello Mohammed of the Court of Appeal upheld Akpabio’s decision to deny the Senator the opportunity to speak during plenary when she was not in her officially allotted seat. The court emphasized that Section 66(4) of the Senate’s standing rules grants the Senate power to invoke disciplinary action to ensure orderliness.
Crucially, the Court of Appeal set aside the contempt proceedings and the N5 million fine imposed on Senator Akpoti-Uduaghan by Justice Binta Nyako. The appellate court found that the trial court's failure to serve forms 48 and 49 on the Senator was fatal to the contempt charge. Consequently, the appellate court vacated the order directing her to tender an apology, bringing the contempt matter to a definitive close in her favour. The judgment effectively upholds the Senate's authority in disciplinary matters while correcting procedural errors related to the contempt charge.
The legal actions had continued even after the six-month suspension period ended on September 4, 2025, and her office was unsealed on September 23, 2025. Monday’s judgment from the Court of Appeal is anticipated to set the stage for the next phase of appeals, likely at the Supreme Court.
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