Court Reinstates Akpoti-Uduaghan to Senate, Slaps ₦5m Fine for Contempt

While ruling on the lawsuit filed by Senator Natasha Akpoti-Uduaghan over her suspension in March, Justice Binta Nyako deemed the six-month disciplinary action “excessive.”

However, the court imposed a ₦5 million fine on the senator over a satirical apology she posted on Facebook on April 27, which the judge said violated a standing court order.

Justice Nyako emphasized that the post breached an injunction that barred all parties from making public or social media comments about the ongoing case.

According to the News Agency of Nigeria (NAN), the court directed Senator Natasha Akpoti-Uduaghan to issue an unreserved apology both on her Facebook page and in two national newspapers within seven days of the ruling, as a means to purge herself of contempt.

In its decision, the court noted that while the Senate relied on Chapter 8 of its Standing Orders and Section 14 of the Legislative Houses (Powers and Privileges) Act, neither provides a defined limit for suspension. As a result, the judge ruled that the Senate’s action in this instance exceeded its lawful authority.

While the judge affirmed that the Senate holds the authority to sanction its members, she ruled that a six-month suspension—equivalent to the 181 sitting days in a legislative calendar—was excessive and unconstitutional.

Justice Binta Nyako emphasized that such a lengthy suspension effectively denied Senator Akpoti-Uduaghan’s constituents their right to representation in the National Assembly.

“The Senate may discipline its members,” she stated, “but it must not do so in a way that silences an entire constituency.

Suspension Dispute

Senator Natasha Akpoti-Uduaghan filed a lawsuit on March 3, seeking to halt a Senate investigation into her conduct during a heated exchange with Senate President Godswill Akpabio over seating arrangements in the chamber.

She named the Clerk of the Senate, the Senate itself, Senate President Akpabio, and Senator Neda Imasuen—Chair of the Senate Committee on Ethics, Privileges, and Code of Conduct—as respondents in the suit.

Despite a restraining order from Justice Obiora Egwuatu instructing the Senate to pause its disciplinary process, the upper chamber went ahead and suspended her for six months on March 6.

In response, Senator Akpoti-Uduaghan filed a contempt complaint, accusing Akpabio and other Senate officials of violating the court’s directive.

As the case played out in court, public discourse surrounding the suspension intensified. This led Akpabio to request a gag order preventing all parties from making public or social media statements on the matter.

Nevertheless, late last month, Senator Akpoti-Uduaghan published a satirical apology on her Facebook page aimed at the Senate President. Following the post, Akpabio’s legal team filed a motion accusing her of violating the court’s non-disclosure order.

In her defense, Akpoti-Uduaghan urged the court to dismiss the application, maintaining she had not acted in breach of the court’s directive.

Court Delivers Split Ruling in Akpoti-Uduaghan Suspension Case

In a mixed judgment, the Federal High Court rejected Senate President Godswill Akpabio’s preliminary objection and went on to lift the suspension imposed on Senator Natasha Akpoti-Uduaghan.

Justice Binta Nyako dismissed the argument that the court had no jurisdiction over the internal affairs of the legislature. She clarified that matters involving constitutional rights—such as representation and due process—fall squarely within the judiciary’s authority.

Although Akpoti-Uduaghan’s lawsuit was filed before the suspension occurred, the court ruled that she had the legal right to take preventive action in defense of her fundamental rights, given the context of the events.

Still, the judgment was not entirely in her favor. The court sided with the Senate on several key issues.

Justice Nyako ruled that Akpoti-Uduaghan’s removal from speaking at a plenary session due to her sitting in the wrong seat did not amount to a violation of her rights. The court also affirmed that the Senate has the constitutional power to discipline its members who breach Standing Orders.

Additionally, it upheld the Senate President’s February 20 decision to assign her a new seat, saying it was consistent with Section 6(1) of the Senate’s Standing Rules. The judge stated that a senator must address the chamber only from an officially assigned seat, and that Akpoti-Uduaghan violated Section 6(2) by attempting to speak from an unassigned one.

The court further validated the Senate’s referral of her case to the Ethics Committee, calling it a legitimate disciplinary step under the Standing Orders.

Part of a Growing Legal Trend

With this verdict, Senator Akpoti-Uduaghan joins a growing list of lawmakers who have successfully contested their suspensions in court.

In 2017, the Federal High Court in Abuja overturned the suspension of Senator Ali Ndume of Borno South, declaring the Senate lacked the constitutional power to suspend a member beyond 14 days. A year later, in 2018, Senator Ovie Omo-Agege secured a similar ruling after his 90-day suspension was deemed unlawful by the same court.