Appeal Court upheld Senate’s suspension of Natasha Akpoti but voided her N5m contempt fine.
NewsOnline Nigeria reports that the Abuja Division of the Court of Appeal has affirmed the decision of the Senate to suspend Senator Natasha Akpoti-Uduaghan, ruling that the upper legislative chamber acted within its constitutional and procedural powers.
In a unanimous judgment delivered on Monday by a three-member panel in appeal number CA/ABJ/CV/1107/2025, filed by Akpoti-Uduaghan against the Clerk of the National Assembly and three others, the appellate court held that the suspension did not violate the senator’s parliamentary privileges or fundamental rights.
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However, the court set aside the contempt proceedings and the N5 million fine imposed on the lawmaker over a satirical apology directed at Senate President Godswill Akpabio.
Court’s findings
Delivering the lead judgment, Justice Abba Muhammed ruled that the Senate President acted in line with Senate Rules by denying Akpoti-Uduaghan the opportunity to speak during plenary on February 20, 2025, after she failed to occupy her officially designated seat.
The court noted that under the Senate Rules, the Senate President has the authority to reallocate seats and that lawmakers are only permitted to contribute to proceedings from their allotted seats. It held that Senator Akpoti-Uduaghan acted wrongly by refusing to comply with the seat reallocation directive.
The appellate court also dismissed her claim that she was entitled to prior notice before her seat was changed, stating that there is no provision in the Senate Rules requiring such notification.
Jurisdiction and disciplinary powers
In the unanimous judgment, Justice Muhammed further held that the Federal High Court ought to have declined jurisdiction at the initial stage, having found that the Senate acted within its powers to discipline an erring member.
The court stated that upon being informed of the seat reallocation, the senator ought to have moved to the new seat, adding that the Senate was justified in enforcing Order Six of its Rules following her continued refusal to comply.
It also noted that Akpoti-Uduaghan’s failure to appear before the Senate Committee on Ethics, Privileges and Public Petitions weakened her case.
Contempt charge overturned
The Court of Appeal dismissed claims that the suspension violated an earlier order by Justice Obiora Egwuatu, explaining that the order ceased to have effect after the judge recused himself and the case was reassigned to Justice Binta Nyako.
However, the appellate court faulted the contempt proceedings and the N5 million fine imposed by Justice Nyako, ruling that the failure to serve Forms 48 and 49 on the Kogi Central senator was fatal to the process.
Consequently, the Court of Appeal set aside the contempt charge and the N5 million fine imposed on Senator Akpoti-Uduaghan.
