The Federal High Court in Abuja has ordered the Nigerian Senate to immediately recall suspended Kogi Central senator, Natasha Akpoti-Uduaghan.
Delivering judgment on Friday, Justice Binta Nyako ruled that the six-month suspension imposed on the senator by the Senate was “excessive” and lacked a clear legal foundation.
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The court invalidated portions of Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act, describing both as “overreaching” and failing to specify a limit for how long a serving lawmaker can be suspended.
“Since lawmakers have a total of 181 sitting days in every legislative calendar, suspending a senator for six months, equivalent to roughly 180 days, essentially deprives the constituents of representation,” Justice Nyako stated.
While affirming that the Senate retains the constitutional power to discipline its members, the court emphasised that such sanctions must not deny citizens their right to representation.
“A legislative house has the power to sanction its members, but such punishment must not be excessive to the point of stripping constituents of representation,” the judge ruled.
However, the court dismissed claims that Senate President Godswill Akpabio acted improperly when he denied Senator Akpoti-Uduaghan the right to speak during plenary, stating that she was not occupying her officially designated seat at the time.
Justice Nyako also rejected the argument put forward by Akpabio that the court lacked jurisdiction in the matter, saying the issue of suspension directly affects the constitutional rights of both the lawmaker and her constituents, thereby making it a justiciable matter.
“The matter is not a mere internal affair of the Senate. It touches on the rights of voters and their elected representative,” the court noted.
In a related ruling earlier in the day, the same court found Senator Akpoti-Uduaghan guilty of contempt, for violating a previous gag order by publishing a satirical apology to the Senate President on her Facebook page on April 7.
The judge held that the post mocked the court’s directive and ordered the senator to publish a formal apology in two national newspapers and on her Facebook page within seven days.
She was also fined N5 million by the court for the Facebook post.