NIGERIA: Court Warns Senate Against Silencing Constituencies, Orders Natasha’s Recall

By Onoja Baba, Nigeria 

A Federal High Court in Abuja has issued a decisive ruling that sends a strong message to the Nigerian Senate about the limits of its disciplinary powers, declaring the six-month suspension of Senator Natasha Akpoti-Uduaghan unconstitutional and ordering her immediate reinstatement.

Justice Binta Nyako, who delivered the judgment on Friday, ruled that while legislative houses have the authority to discipline their members, such actions must not extend to the point where they effectively silence an entire senatorial district.

She noted that with the National Assembly required to sit for only 181 days in a legislative year, suspending a senator for approximately that duration deprives constituents of representation and violates their democratic rights.

The court concluded that the Senate acted beyond its legal bounds by imposing a suspension period that has no explicit backing in either the Senate Standing Orders or the Legislative Houses (Powers and Privileges) Act.

Justice Nyako emphasized that neither Chapter 8 of the Senate’s rules nor Section 14 of the legislative privileges law provides a limit or framework for such an extended suspension, calling it “excessive” and lacking legal foundation.

The case has drawn significant attention, not merely because of the high-profile nature of the senator involved, but due to the broader constitutional question it raises, whether a legislative body can effectively mute an entire constituency under the guise of internal discipline. The ruling appears to establish that the answer is no.

Justice Nyako rejected arguments advanced by Senate President Godswill Akpabio that the judiciary should not meddle in what he described as internal legislative affairs.

According to the court, the principle of separation of powers does not shield the legislature from judicial scrutiny when fundamental rights are at stake. “Constituents are entitled to representation at all times,” the judge said, noting that disciplinary actions that result in prolonged absence from parliamentary sessions offend that principle.

However, the court sided with Akpabio on a different aspect of the dispute, ruling that his refusal to allow Akpoti-Uduaghan to speak during a plenary session on the grounds that she was not seated in her assigned chair did not amount to a violation of her rights.

The judge said procedural enforcement within a legislative chamber falls within its operational discretion, provided it does not cross into outright denial of representation.

In an unexpected development, the court also imposed a financial penalty on Senator Akpoti-Uduaghan for breaching an earlier court order that prohibited public commentary by either party while the matter was still under judicial consideration.

The fine, amounting to several million naira, underscores the court’s insistence on respect for due process throughout legal proceedings.

The ruling marks a significant moment in the ongoing conversation about the balance of power between Nigeria’s legislative and judicial arms.

While the Senate retains autonomy over its internal affairs, the court’s decision makes it clear that such autonomy cannot be exercised in a way that tramples on constitutional guarantees or disenfranchises citizens.