The Abuja Division of the Court of Appeal on Monday affirmed the decision of the Senate to suspend Senator Natasha Akpoti-Uduaghan, ruling that the upper chamber acted within its constitutional and procedural powers.
In a unanimous judgment delivered by a three-member panel in appeal number CA/ABJ/CV/1107/2025, the court held that the suspension of the Kogi Central lawmaker did not breach her parliamentary privileges or constitutional rights.
The appeal was filed against the Clerk of the National Assembly and three others.
However, the appellate court set aside the contempt proceedings and the ₦5 million fine earlier imposed on the senator over a satirical apology directed at Senate President Godswill Akpabio.
Delivering the lead judgment, Justice Abba Muhammed held that the Senate President acted within the chamber’s rules when he denied Akpoti-Uduaghan the opportunity to speak during plenary on 20 February 2025, on the ground that she was not seated in her officially allotted position.
The court noted that, under Senate rules, the presiding officer has the authority to allocate or reallocate seats, and that lawmakers are permitted to speak only from their designated seats.
The panel found that the senator was wrong to reject the new seating arrangement and ruled that her claim of lack of prior notice could not stand, as there was no provision requiring advance notification.
The court further held that the Federal High Court ought to have declined jurisdiction in the initial suit, having found that the Senate acted in accordance with its rules permitting the suspension of an erring member.
According to the judgment, once informed of the new seating arrangement, the senator should have moved to the reassigned seat. The court said the Senate was therefore right to enforce its rules after what it described as persistent refusal to comply.
The panel also observed that Akpoti-Uduaghan’s refusal to appear before the Senate Committee on Ethics, Privileges and Public Petitions weakened her case.
On her argument that the suspension violated an earlier order by Justice Obiora Egwuatu of the Federal High Court, the Court of Appeal ruled that the order had ceased to have effect after the judge recused himself and the matter was reassigned and heard afresh by Justice Binta Nyako.
However, the appellate court faulted the contempt proceedings initiated against the senator and the ₦5 million fine imposed by the trial court.
It held that the failure to serve the required Forms 48 and 49 on the lawmaker rendered the contempt charge defective and fatal to the case. The court therefore set aside the contempt proceedings and vacated the fine.
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