NIGERIA: Appeal Court Upholds Senate’s Authority in Akpoti-Uduaghan Suspension Case

By Ameenat Hamzat, Lagos, Nigeria 

The Court of Appeal in Abuja has ruled that the Senate acted within its constitutional authority when it suspended Natasha Akpoti-Uduaghan, the senator representing Kogi Central, over alleged misconduct.

Delivering a unanimous judgment on Monday, a three-member panel held that the senator’s parliamentary privilege and constitutional rights were not violated by the disciplinary action.

The ruling follows a legal dispute that began after Akpoti-Uduaghan sought to restrain the Senate Committee on Ethics and Public Petitions from proceeding with disciplinary measures against her.

A Federal High Court initially issued an interim order halting the proceedings, directing the defendants to justify why an interlocutory injunction should not be granted.

Despite the restraining order, the Senate later approved a six-month suspension after adopting a committee report that cited gross misconduct. Subsequent court proceedings saw the interim order vacated, the case reassigned, and a fresh judgment delivered.

In its earlier decision, the Federal High Court affirmed that legislative privileges operate within the framework of Senate rules. The court ruled that the Senate President was empowered to determine seating arrangements and was justified in denying the senator recognition during plenary because she was not seated in her designated position.

However, the court criticised the duration of the suspension, describing it as “overreaching” and “excessive.”

The High Court also found Akpoti-Uduaghan guilty of contempt over a satirical apology she published, ordering her to apologise publicly and pay a N5 million fine.

Both parties appealed aspects of that ruling.

In the latest judgment, the appellate court affirmed the Senate’s disciplinary powers and upheld the Senate President’s actions during the February 20, 2025 plenary session, ruling they were consistent with established legislative procedures.

The Court of Appeal, however, set aside the contempt ruling and vacated the N5 million fine i

mposed on the senator.