By Ayomide Otitoju
The Senate on Monday hailed the Court of Appeal’s decision upholding the suspension of Kogi Central Senator Natasha Akpoti-Uduaghan as a strong affirmation of parliamentary autonomy and the doctrine of separation of powers.
In a unanimous judgment delivered by a three-member panel in appeal number CA/ABJ/CV/1107/2025, the appellate court ruled that Akpoti-Uduaghan’s suspension did not violate her parliamentary privileges or fundamental rights under the Constitution.
However, the court set aside the N5 million fine and apology order imposed on the senator in contempt proceedings linked to her six-month suspension, which she had consistently challenged as unlawful and unconstitutional.
The dispute arose on February 20, 2025, when Senate President Godswill Akpabio ruled Akpoti-Uduaghan out of order during plenary after she declined to speak from her reassigned seat. The development led to her suspension and referral to the Senate Committee on Ethics, Privileges and Public Petitions, triggering a legal battle over the scope of legislative discipline and judicial oversight.
Delivering the lead judgment, Justice A. B. Muhammed held that Akpabio acted in accordance with the Senate Standing Rules by denying the senator the floor, noting that she was not seated in her officially designated position. The court affirmed that the Senate President is empowered to allocate and reassign seats and that lawmakers may only speak from their assigned seats.
The panel further held that under Section 66(4) of the Senate Standing Rules, the Senate has the authority to discipline members to maintain order and decorum. It faulted Akpoti-Uduaghan for refusing to comply with the seat reassignment and dismissed her claim of inadequate notice.
The court also ruled that the Federal High Court ought to have declined jurisdiction, stressing that the Senate acted within its internal rules permitting suspension of members who breach legislative procedures. It added that once the senator became aware of the reassignment, she was obliged to comply, and the Senate was justified in invoking Order Six, Rule Two, following her refusal.
On the allegation that her suspension violated an earlier ex parte order issued by Justice Obiora Egwuatu, the appellate court held that the order lapsed after the judge recused himself and the matter commenced afresh before Justice Binta Nyako.
However, the court nullified the contempt proceedings and the N5 million fine imposed by Justice Nyako, citing the failure to serve Forms 48 and 49 on the senator as a fatal procedural flaw.
Reacting to the judgment, Chairman of the Senate Committee on Media and Public Affairs, Yemi Adaramodu, described it as a decisive reinforcement of legislative independence.
“The judgment decisively reinforces parliamentary autonomy and separation of powers, confirming that the Senate’s power to discipline its members is constitutionally protected and justiciable only where there is a clear breach of the Constitution or statute,” he said.
Adaramodu added that the court affirmed that lawful disciplinary measures by the Senate do not infringe on a member’s fundamental rights, noting that such rights are subject to compliance with the chamber’s rules.
Efforts to reach Akpoti-Uduaghan’s lead counsel, West Idahosa, were unsuccessful as of press time. However, sources within her legal team described the ruling as an affirmation of due process, stressing that disciplinary authority within the legislature must be exercised within constitutional and procedural limits.
“The Court of Appeal has once again reinforced the principle that no authority is above the law. Where due process is ignored, the outcome cannot stand,” a source close to the legal team said.
