- The Abuja Division of the Court of Appeal had ruled that the Senate acted within its rights in suspending Senator Akpoti-Uduaghan
- The appellate court had set aside the N5 million contempt fine over a satirical apology, citing procedural flaws in the original trial
- The judgment reaffirmed parliamentary authority while clarifying the limits of judicial intervention in legislative matters
The Abuja Division of the Court of Appeal on Monday affirmed the Senate’s decision to suspend Senator Natasha Akpoti-Uduaghan, ruling that the upper chamber acted within its constitutional and parliamentary powers.
Delivering a unanimous judgment, a three-member panel of the appellate court held that the Senate’s action did not breach Akpoti-Uduaghan’s parliamentary privileges or constitutional rights. The case, marked CA/ABJ/CV/1107/2025, arose from her appeal against the Clerk of the National Assembly and three others.
However, the appellate court set aside the contempt proceedings and the N5 million fine imposed on the lawmaker over a satirical apology she had directed at the Senate President, Godswill Akpabio.
In the lead judgment, Justice Abba Muhammed held that the Senate President acted within the Rules when denying Senator Akpoti-Uduaghan the opportunity to speak during plenary on 20 February 2025. The judge noted that she was not seated in her officially allocated seat, and under Senate Rules, members are permitted to speak only from their designated positions.
“The Senate President is empowered to reallocate seats, and upon being informed of the change, the Senator ought to have moved to her newly assigned seat,” Justice Muhammed said. The court further dismissed claims that Akpoti-Uduaghan was not given prior notice of the seat reallocation, noting that there is no provision for such notification in the Senate Rules.
The appellate court also ruled that the Federal High Court erred in taking jurisdiction in the matter initially, emphasising that the Senate was within its rights to suspend a member found in breach of chamber rules. The court cited the Senator’s persistent refusal to obey the seat order and her failure to appear before the Senate Committee on Ethics, Petition and Privileges as additional justification for the suspension.
On the issue of the contempt fine, the Court of Appeal found that the trial court failed to properly serve forms 48 and 49 on Senator Akpoti-Uduaghan, rendering the proceedings procedurally flawed. Consequently, the contempt charge and the N5 million penalty imposed by Justice Binta Nyako were set aside.
The court also dismissed the Senator’s claim that her suspension violated an earlier order by Justice Obiora Egwuatu, noting that the judge had recused himself and the matter was restarted before Justice Binta Nyako, rendering the previous order non-existent.
The judgment is expected to have significant implications for parliamentary discipline and the limits of judicial intervention in legislative proceedings, reaffirming the authority of the National Assembly to enforce rules among its members while ensuring procedural fairness in contempt matters.