Justice Binta Nyako of the Federal High Court, Abuja, has issued a landmark ruling ordering the Senate to immediately recall suspended Kogi Central Senator, Natasha Akpoti-Uduaghan, bringing relief to her constituents who have been left without representation for several months.
In her judgment, Justice Nyako held that the six-month suspension handed to Senator Akpoti-Uduaghan was excessively punitive and effectively deprived her constituency of their democratic right to representation in the upper legislative chamber. The court emphasized that such a lengthy suspension undermines the essence of representative democracy.
The court specifically declared that Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses, Powers & Privileges Act were overreaching and lacked clear limits on the maximum duration of suspension that could be imposed on a sitting senator. Justice Nyako highlighted that these provisions failed to outline any specific time frame for punitive suspensions, leaving room for potential abuse.
Justice Nyako further pointed out that with only 181 sitting days in a typical legislative year, a six-month suspension would effectively mean barring a senator for almost an entire session. She stressed that this was unjustifiable and disproportionately harsh.
While the court upheld the Senate’s authority to discipline its members, it ruled that such sanctions must always be proportionate and should not infringe on the fundamental rights of constituents to have representation in legislative matters.
In response to arguments raised by Senate President Godswill Akpabio, who claimed that the court lacked jurisdiction to interfere in the internal affairs of the legislative arm, Justice Nyako ruled firmly that the matter fell within the ambit of constitutional rights and protections. Therefore, the court had full jurisdiction to hear and determine the case.
The court also held that Akpabio acted within the Senate rules when he denied Senator Akpoti-Uduaghan the floor for not sitting in her assigned seat during a particular session, noting that the enforcement of procedural discipline was within his mandate as Senate President.
However, the court directed Senator Akpoti-Uduaghan to issue a formal apology to the Senate for violating the chamber’s protocols and for making public comments despite a subsisting court order restricting her from discussing the matter publicly. As a further consequence, she was fined ₦5 million for contempt of court.
In addition, the court ordered that the apology must be published in two widely read national newspapers within seven days from the date of the judgment. This, according to Justice Nyako, would serve as both a corrective measure and a deterrent against future violations of court orders and legislative rules.
With this ruling, Senator Natasha Akpoti-Uduaghan is expected to immediately resume her legislative duties, restoring full representation to the people of Kogi Central Senatorial District, while also complying with the conditions set by the court.