Akpoti-Uduaghan appeals N5m contempt fine judgement

The Kogi Central Senator, Natasha Akpoti-Uduaghan, has filed a six-ground appeal at the Court of Appeal, seeking to overturn the N5 million fine imposed on her by the Federal High Court over a satirical Facebook post made while a case was still pending before the court.

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In a notice of appeal dated 9 July and filed through her lead counsel, Roland Otaru (SAN), Mrs Akpoti-Uduaghan is urging the appellate court to nullify the contempt judgment, describing the verdict as erroneous and a violation of her fundamental rights.

The appeal comes barely a week after the court presided over by Binta Nyako delivered the ruling, which found the senator guilty of civil contempt for the satirical post. The judge said the post was disrespectful and prejudicial to the pending case.

Background of the ruling

In her judgment, Mrs Nyako held that Mrs Akpoti-Uduaghan’s satirical post is a contempt of court though the offence was considered civil in nature and not criminal. As a result, the judge imposed a fine of N5 million, ordering the senator to publish an apology in two national newspapers and on her Facebook page within seven days.

However, the court declined to sentence her to imprisonment on the ground that the alleged contempt did not warrant a custodial sentence.

Mrs Nyako also issued a judgment in the senator’s favour, saying that suspending an elected lawmaker for six months effectively denies a constituency its right to representation for an entire legislative year.

She, however, advised the Senate to recall Mrs Akpoti-Uduaghan accordingly.

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Mrs Akpoti-Uduaghan’s grounds of appeal

In her six grounds of appeal, Mrs Akpoti-Uduaghan is challenging both the legality and the fairness of the ruling.

The senator argues that the trial judge erred in law by imposing a fine over a satirical Facebook post that was allegedly unrelated to the substance of the pending case at the time.

She contends that her right to fair hearing was breached when the judge adopted a “wrong procedure” in determining contempt liability. She alleged that the judge failed to comply with provisions of the Sheriffs and Civil Process Act.

In the third ground of appeal, the appellant maintains that the Facebook post had no relevance to the actual subject of the court proceedings, as it addressed issues of sexual harassment, whereas the case before the court was solely focused on challenging her suspension.

Mrs Akpoti-Uduaghan also faults the judge’s order directing her to tender a public apology and pay a fine, describing it as excessive and legally unfounded.

ALSO READ: Senate reacts to court order on Akpoti-Uduaghan’s recall

The senator insists that a fine imposed in contempt proceedings constitutes a criminal sanction, which should not arise in civil proceedings. She argues that the trial judge had no power to impose a penalty payable to the federal government without following proper criminal procedure.

In the last ground of appeal, she describes the N5 million fine as excessive and punitive to the alleged offence.

Prayers before the Court of Appeal

In the notice, Mrs Akpoti-Uduaghan is asking the Court of Appeal to set aside the judgment delivered by Mrs Nyako and declare that the trial court lacked the jurisdiction to try contempt ex facie curiae (outside the court’s presence) involving the imposition of a criminal fine.

She also seeks the appeal court’s order to affirm that such sanctions require criminal procedures, including proof beyond a reasonable doubt and a declaration that the lower court acted without proper legal authority by imposing the fine in a civil matter.