The Court of Appeal, Abuja Division, on Monday upheld the Senate’s suspension of the Senator representing Kogi Central, Natasha Akpoti-Uduaghan, ruling that the legislative body acted within its constitutional and procedural powers.
In its judgment, the appellate court held that the Senate possesses the authority to discipline any erring member and that Akpoti-Uduaghan’s fundamental rights were not violated, contrary to her claims.
Delivering the lead judgment, Justice Abba Bello Mohammed stated that by virtue of Section 66(4) of the Senate Standing Rules, the Senate is empowered to take disciplinary measures to maintain order and decorum in its proceedings.
The court found that the senator acted wrongly during the February 20, 2025, plenary when the Senate President directed her to relocate to a newly assigned seat, an order she openly refused to obey.
Justice Mohammed dismissed Akpoti-Uduaghan’s argument that she was entitled to prior notice before the seat reallocation, holding that there is no provision in the Senate rules requiring advance notification for such administrative decisions.
In a unanimous decision, the Court of Appeal further held that the Federal High Court ought to have declined jurisdiction upon discovering that the dispute was an internal legislative matter governed by the Senate’s Standing Rules.
The appellate court noted that upon being informed of the seat reassignment, the senator ought to have complied immediately, adding that the Senate acted correctly by invoking Order Six, Rule Two, following her persistent refusal to obey lawful directives
The court also held that Akpoti-Uduaghan’s failure to appear before the Senate Committee on Ethics, Petitions and Privileges further weakened her case.
Similarly, the Court of Appeal dismissed her claim that her suspension violated an earlier court order issued by Justice Obiora Egwuatu, explaining that the order ceased to have effect after the judge recused himself and the matter commenced afresh before Justice Binta Nyako.
However, the appellate court faulted the contempt proceedings initiated against the senator and the ₦5 million fine imposed by the Federal High Court.
According to the court, the failure to serve Forms 48 and 49, which are mandatory procedural requirements in contempt proceedings, was fatal to the case.
Consequently, the Court of Appeal set aside the contempt proceedings and nullified the ₦5 million fine imposed on Senator Akpoti-Uduaghan.
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