Akpabio's Gambit: High Court Judgment Under Threat for Sen. Akpoti-Uduaghan

President of the Senate, Godswill Akpabio, has approached the Abuja Division of the Court of Appeal, seeking to overturn a judgment delivered by Justice Binta Murtala-Nyako of the Federal High Court, Abuja. The initial judgment, issued on July 4, 2025, mandated the Senate to recall the suspended Kogi State Senator, Natasha Akpoti-Uduaghan. Furthermore, the lower court found Senator Akpoti-Uduaghan guilty of civil contempt and imposed a fine of N5 million, alongside an order for her to tender an apology. This complex legal battle, involving appeals and cross-appeals from both parties, saw a three-member panel of justices at the appellate court reserve its judgment after hearing comprehensive arguments and reviewing processes from all counsel.
Senator Godswill Akpabio, through his legal team including Kehinde Ogunwumiju, SAN, mounted a challenge against the Federal High Court’s decision, specifically contesting Justice Nyako’s jurisdiction. Akpabio's argument posited that the matter delves into the internal affairs of the National Assembly, which, under Section 251 of the 1999 Constitution and the Legislative Houses (Powers and Privileges) Act, is insulated from external judicial review. In his 11-ground appeal and a subsequent notice of cross-appeal dated July 11, Akpabio urged the appellate court to nullify the judgment, categorizing it as erroneous and a profound miscarriage of justice. He further contended that the trial court erred in dismissing his preliminary objection and in issuing orders that, in his view, improperly interfered with protected parliamentary procedures.
The Federal High Court's original ruling had declared Senator Akpoti-Uduaghan’s six-month suspension unconstitutional, excessive, and a direct violation of her constituents’ fundamental right to representation. This aspect of the judgment is a key point of contention in the ongoing appeals.
In response to the trial court's decision, Senator Akpoti-Uduaghan also filed her own appeal at the Court of Appeal, challenging the N5 million fine imposed on her. This fine was a consequence of the contempt ruling, where Justice Binta Nyako found the senator guilty of civil contempt stemming from a satirical Facebook post she made while her case against the Senate was still active. In her six-ground appeal, Akpoti-Uduaghan asserted that the contempt ruling infringed upon her fundamental rights and that the fine was legally unfounded, seeking its reversal.
At a recent hearing, Akpabio, represented by his lawyer Eko Ejembi Eko, SAN, withdrew one of the cross-appeals. This particular appeal was dismissed by the court as it had been overtaken by events, given that Senator Akpoti-Uduaghan had already resumed her duties in the Senate. The appeals, marked CA/ABJ/CJ/739/2025, CA/ABJ/CJ/1208/2025, and CA/ABJ/CJ/739/2025CA/A//2025, all originated from Akpoti-Uduaghan’s initial rights suit, FHC/ABJ/CS/384/2025, which sought to prevent the Senate from investigating her alleged misconduct.
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