Court Orders Senate To Reinstate Suspended Senator Natasha Akpoti-Uduaghan

The Federal High Court in Abuja has ordered the immediate reinstatement of Senator Natasha Akpoti-Uduaghan, who was suspended by the Nigerian Senate for six months.

The ruling, delivered on Friday by Justice Binta Nyako, declared the suspension unlawful, describing it as excessive and lacking legal justification.

The Senate had earlier suspended the Kogi Central senator for a period that nearly equals the full legislative calendar of 181 sitting days. In her judgment, Justice Nyako said the action effectively robbed her constituents of representation, which goes against the spirit of democratic governance. She clarified that while the Senate has the power to discipline its members, any punishment must be reasonable and must not undermine the rights of citizens who voted them into office.

The court specifically invalidated aspects of Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act, stating that they were vague and overreaching. According to the court, neither provided a defined time limit for suspensions, leaving room for misuse.

Justice Nyako pointed out that sanctions which amount to nearly the entire duration of a legislative year are essentially equal to removal, but without due process or a fresh election. She said this leaves voters without a voice in national affairs, which cannot be allowed under the law.

The court, however, rejected some parts of Senator Akpoti-Uduaghan’s claims. It ruled that the Senate President, Godswill Akpabio, did not err when he prevented her from speaking during a plenary session. The judge noted that the senator was not seated in her designated position at the time, as required by parliamentary procedure.

Also, Akpabio’s claim that the court lacked jurisdiction was dismissed. Justice Nyako ruled that the matter was not merely an internal issue of the Senate but one that involved constitutional rights — both of the senator and the voters who elected her. The court stressed that when an elected lawmaker is suspended in a manner that leaves her constituents unrepresented, the courts are obligated to intervene.

However, the court did not leave the senator without consequence. In a separate ruling delivered the same day, Senator Akpoti-Uduaghan was found guilty of contempt for posting what the court described as a satirical and mocking apology to the Senate President on her Facebook page. The post was made on April 7, despite a prior court order restricting her from making public comments on the matter.

Justice Nyako said the post ridiculed the authority of the court and therefore ordered the senator to issue a formal apology in two national newspapers and repost the same apology on her Facebook page within seven days. In addition, she was fined five million naira for contempt of court.

The ruling has sparked debate across legal and political circles, especially as it touches on the balance between institutional authority and the rights of voters in a democracy. The judgment is expected to have far-reaching implications for how legislative bodies discipline members going forward.

Senator Akpoti-Uduaghan, who has remained vocal in her advocacy for transparency and inclusion, is expected to return to the Senate following the judgment. Whether the Senate will comply swiftly or challenge the ruling remains to be seen.