Akpabio appeals judgement on Akpoti-Uduaghan’s suspension

The Senate President, Godswill Akpabio, has approached the Court of Appeal to challenge the Federal High Court judgment that invalidated the suspension of Kogi Central Senator, Natasha Akpoti-Uduaghan.

The court had declared the six-month suspension unconstitutional, excessive, and a violation of the senator’s constituents’ right to representation.

In a notice of cross-appeal dated 11 July, Mr Akpabio, through his lead counsel, Kehinde Ogunwumiju, SAN, is asking the appellate court to nullify the judgment, describing it as erroneous and a gross miscarriage of justice.

The cross-appeal by the senate president comes just two days after Mrs Akpoti-Uduaghan filed an appeal at the Court of Appeal to challenge the N5 million fine imposed on her by the same court. The fine was part of a contempt ruling issued by the court’s judge, Binta Nyako, who found the senator guilty of civil contempt over a satirical Facebook post made while her case against the Senate was still ongoing.

In her six-ground appeal, Mrs Akpoti-Uduaghan described the contempt ruling as violating her fundamental rights and argued that the fine was legally unfounded.

Background

The case began after the Senate suspended Mrs Akpoti-Uduaghan over alleged misconduct during a plenary session held on 20 February 2024. She subsequently challenged the suspension at the Federal High Court in Abuja.

In her judgment, Mrs Nyako ruled that the Senate’s decision to suspend a serving senator for six months was excessive and undermined the right to representation for the entire Kogi Central Senatorial District.

The judge held that the suspension was unconstitutional and advised the Senate to allow the senator to resume her legislative duties. However, she did not issue a direct order compelling her reinstatement.

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Following the judgment, Mrs Akpoti-Uduaghan wrote to the Clerk of the National Assembly through her lawyer, Michael Numa, SAN, expressing her readiness to resume duties on Tuesday, 15 July. She urged the National Assembly to treat her notification with urgency to avoid being held in contempt of court.

However, the Senate insisted that the judgment did not explicitly direct it to recall the suspended senator.

Akpabio’s eleven grounds of appeal

Mr Akpabio’s cross-appeal comprised eleven grounds challenging the legality and fairness of the high court’s decision.

The senate president argued that the Federal High Court lacked jurisdiction to entertain the case, noting that it was premature since the Senate Committee on Ethics, Code of Conduct, and Public Petitions had not completed its investigation when the suit was filed.

He contended that Mrs Akpoti-Uduaghan failed to exhaust internal dispute resolution mechanisms as provided under the Senate Standing Orders before approaching the court.

Mr Akpabio disagreed with the judge’s interpretation of Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017, arguing that it does not exempt serving members of the legislature from disciplinary actions.

He alleged that Mrs Nyako breached his right to a fair hearing by raising and determining the issue of the suspension’s excessiveness suo motu (on the court’s own accord) without allowing him to respond.

READ ALSO: Court didnt order us to reinstate Akpoti-Uduaghan, Senate says

Reliefs sought

Mr Akpabio urged the Court of Appeal to set aside the Federal High Court judgment, invalidating the suspension and upholding the Senate’s authority to discipline its members, including suspending serving senators.

He’s also asking the Court to declare that no constitutional rights were breached in the suspension of Mrs Akpoti-Uduaghan.