The Federal High Court in Abuja recently ordered the immediate recall and reinstatement of Senator Natasha Akpoti-Uduaghan, representing Kogi Central, following her six-month suspension from the National Assembly. Justice Binta Nyako, delivering the judgment on Friday, described the suspension as “excessive,” “unconstitutional,” and a clear infringement upon the rights of her constituents to be represented in the Senate. The court emphasized that while the Senate possesses the power to discipline its members, such sanctions must not be overly stringent or undermine fundamental democratic principles. Justice Nyako explained that a six-month suspension, which is equivalent to pushing a lawmaker away from her responsibilities for almost the entire legislative session of 181 sitting days, effectively silenced an entire constituency.

The court further ruled that Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act, relied upon for the suspension, were overreaching as they failed to specify a maximum period for such disciplinary actions. Justice Nyako affirmed the judiciary's authority to intervene in matters where constitutional rights are at stake, stating that the internal affairs of the Senate cannot be a shield against questions of fundamental rights of citizens and their representatives. However, the court did uphold Senate President Godswill Akpabio’s right to deny Senator Akpoti-Uduaghan the opportunity to speak during a plenary session if she was not occupying her designated seat at the time.

In a separate but related ruling, Senator Akpoti-Uduaghan was found guilty of contempt of court and fined N5 million. This contempt charge stemmed from a “satirical apology” she posted on her official Facebook page on April 27, which was deemed a violation of an earlier court order prohibiting parties from making public statements or social media posts about the case. The court directed her to publish an unreserved and formal apology in two national dailies and on her Facebook page within seven days to purge herself of the contemptuous act. Her act was adjudged to be civil contempt, not criminal, hence avoiding imprisonment.

The suspension of Senator Akpoti-Uduaghan in March had followed an alleged altercation with Senate President Godswill Akpabio concerning her assigned seat during Senate proceedings. The incident escalated when she publicly accused Akpabio of sexual harassment, an allegation he vehemently denied and which the Senate dismissed on two occasions. She had initially filed a suit to halt an investigation into alleged misconduct, and despite an initial restraining order, the Senate proceeded with her suspension. She subsequently filed a contempt complaint against Akpabio and other Senate officers for disobeying the order.

Following the court's judgment, Senator Akpoti-Uduaghan promptly announced her intention to resume legislative duties on Tuesday. However, the Senate, through its spokesperson Senator Yemi Adaramodu, stated that it would not immediately reinstate her until she fully complies with the contempt ruling, including tendering the required apology and paying the fine. Adaramodu emphasized that the court did not entirely oust the Senate's constitutional power to discipline its members, asserting that the onus is now on the senator to fulfill the court's directives before the Senate will consider her matter. The Senate's legal counsel also described the ruling as a partial victory, particularly on the contempt issue, and noted that no direct order for reinstatement was issued, only an “obiter dictum” (non-binding remark) about the suspension's duration.

The ruling has sparked further reactions, with a coalition of over 1,000 women-focused civil society organizations, the Coalition of Concerned Women for Legislative Integrity (CCWLI), urging the Senate to appeal the judgment. They described the ruling as “deeply troubling” and a “potential threat to the sanctity of parliamentary discipline and democratic integrity,” arguing that it could lead to indiscipline if unchallenged. The group maintained that the Senate acted within its disciplinary powers and that the suspension was a proportionate response to her conduct, rejecting the notion that it infringed on constituents' rights. They also criticized what they termed “weaponizing feminism” to shield bad behavior.

Senator Akpoti-Uduaghan joins a list of lawmakers who have successfully challenged their suspension by the Nigerian Senate in court, including Senator Ali Ndume in 2017 and Senator Ovie Omo-Agege in 2018, both of whom had their suspensions nullified for exceeding constitutional limits. Despite the political challenges, Senator Akpoti-Uduaghan has remained engaged with her constituents, continuing to flag off development projects, such as “smart market” initiatives aimed at economic empowerment, underscoring her commitment to grassroots development during her suspension.