Senate President Godswill Akpabio has filed an appeal at the Court of Appeal in Abuja, challenging a ruling by the Federal High Court that ordered the reinstatement of Senator Natasha Akpoti-Uduaghan following her suspension from the Senate.
The appeal, dated July 14, 2025, contests the decision delivered on July 4 by Justice Binta Nyako, who described Akpoti-Uduaghan’s six-month suspension as “overreaching” and a violation of her constituents’ constitutional right to representation.
While the court recognized the Senate’s authority to discipline its members, Justice Nyako ruled that the length and nature of the suspension were excessive. The court also imposed a ₦5 million fine on Akpoti-Uduaghan for contempt, citing a satirical Facebook post she made during the proceedings that allegedly violated a court order.
In response, Akpoti-Uduaghan has filed her appeal challenging the contempt charge, arguing that the alleged offense occurred outside the courtroom (ex facie curiae), and therefore, fell beyond the trial court’s jurisdiction.
Akpabio’s legal team, in a cross-appeal, is also challenging the jurisdiction of the Federal High Court. They argue the case concerns internal legislative affairs, which are protected from judicial intervention under Section 251 of the 1999 Constitution.
In an 11-ground appeal, Akpabio faulted the court for:
-
Dismissing his preliminary objection;
-
Making rulings on issues neither party raised, which he claims denied him a fair hearing;
-
Intruding into matters governed by the Legislative Houses (Powers and Privileges) Act, which shields parliamentary procedures—including suspensions and plenary utterances—from court review.
He also argued that Akpoti-Uduaghan failed to exhaust internal dispute resolution mechanisms, specifically the Senate Committee on Ethics, Privileges, and Public Petitions, as required by the Senate Standing Orders (2023).
The appeal further criticized the trial court for merging interlocutory applications with substantive claims and for failing to enforce Section 21 of the Legislative Houses Act, which requires a three-month pre-action notice to the Clerk of the National Assembly before suing the legislature.
Akpabio is urging the appellate court to overturn the lower court’s judgment and uphold the Senate’s disciplinary action against Akpoti-Uduaghan.
The legal battle stems from the senator’s suspension following an alleged misconduct during the Senate’s plenary session on February 20, 2024. She challenged the action in court, leading to Justice Nyako’s ruling that the six-month suspension was unconstitutional and disproportionate.
Although the court did not issue a direct order for her reinstatement, the judgment was widely interpreted as a call for the Senate to reverse the suspension.
