Court orders Senate to recall Natasha Akpoti - declares 6-month suspension unlawful

A Federal High Court in Abuja has ruled that the Nigerian Senate must immediately recall Senator Natasha Akpoti-Uduaghan, representing Kogi Central, following what it described as an “excessive” six-month suspension.

Delivering judgment on Friday, July 4, Justice Binta Nyako condemned the length of the suspension, stating it effectively denied the senator her constitutional role for nearly an entire legislative session.

“Lawmakers are required to sit for 181 days per session. Suspending a senator for six months amounts to stripping her constituents of representation,” Nyako noted.

The court also declared that Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act were “overreaching” and failed to specify a limit for suspending lawmakers, making the action against Akpoti-Uduaghan legally unsound.

Though affirming the Senate's power to discipline its members, Justice Nyako stressed that such sanctions must be proportionate and must not infringe on the democratic rights of constituents.

“Discipline should not translate to disenfranchisement,” the judge said.

However, the court upheld Senate President Godswill Akpabio’s decision to deny Akpoti-Uduaghan the floor during plenary, noting she was not seated at her designated position.

Background

Akpoti-Uduaghan had earlier filed a suit to halt disciplinary proceedings against her.

A previous court granted a temporary order barring the Senate from acting, but this was vacated on 19 March by Justice Obiora Egwuatu, who later recused himself following allegations of bias.

The case was reassigned to Justice Nyako, who has now resolved the matter in favour of the Kogi lawmaker.

The Senate had suspended Akpoti-Uduaghan on March 26 for alleged gross misconduct, following the adoption of a report by its Committee on Ethics, Privileges, and Public Petitions.

With this ruling, Akpoti-Uduaghan is set to return to the Senate, reinforcing judicial oversight on legislative excesses.