Court of Appeal Backs Senate on Akpoti Suspension, Cancels N5m Fine

Published 1 month ago2 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Court of Appeal Backs Senate on Akpoti Suspension, Cancels N5m Fine

The Court of Appeal, Abuja Division, has upheld the Nigerian Senate’s suspension of Senator Natasha Akpoti-Uduaghan, representing Kogi Central. In a unanimous ruling, a three-member panel affirmed that the Senate acted within its constitutional and procedural powers to discipline a member and that the Senator’s parliamentary rights were not violated.

The judgment reinforces the chamber’s authority to enforce order and discipline among lawmakers.

The matter originated on February 20, 2025, when Senator Akpoti-Uduaghan refused to occupy a new seat assigned to her by Senate President Godswill Akpabio, disrupting proceedings.

The court found that the Senate President is empowered under the chamber’s standing rules to allocate seats, and members are required to speak only from their designated positions. Her claim of not receiving prior notice for the seat change was dismissed, as no rule mandates such notification.

Following her continued defiance and refusal to appear before the Senate Committee on Ethics, Petition and Privileges, the Senate adopted a report on March 6, 2025, suspending her for six months. The suspension barred her from official duties, sealed her office, and withheld her salary and allowances.

Source: Google

She could have returned earlier by submitting a written apology, which she declined. Prior legal challenges, including a Federal High Court case alleging procedural bias and a contempt ruling for a satirical social media post, complicated the matter.

Justice Binta Nyako initially ruled that the six-month suspension was excessive but upheld the Senate’s authority to reassign seating and found Akpoti-Uduaghan guilty of contempt, imposing a N5 million fine and ordering a public apology.

Both Senator Akpoti-Uduaghan and Senator Akpabio subsequently appealed various aspects of her trial court ruling. In its appellate judgment, Justice Abba Bello Mohammed emphasized the Senate’s power under Section 66(4) of its standing rules to enforce discipline and maintain order in plenary sessions.

The Court of Appeal also set aside the contempt ruling and N5 million fine, finding that procedural lapses, specifically, the failure to serve forms 48 and 49, invalidated the charge. The appellate decision vacated the order for a public apology, bringing the contempt issue to a definitive close while upholding the Senate’s disciplinary authority.

The judgment, delivered after the six-month suspension ended and her office was reopened, now paves the way for possible further appeals at the Supreme Court.

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