Akpoti-Uduaghan shifts resumption at Senate, insists court ordered her reinstatement

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The Kogi Central Senator, Natasha Akpoti-Uduaghan, has rescheduled her return to the upper chamber for legislative duties to Tuesday, 22 July.

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She said the new date was to honour the late former President Muhammadu Buhari, who passed away on Sunday.

The National Assembly had earlier suspended all legislative activities in the two chambers till next Tuesday as a mark of respect for the late former president.

Mrs Akpoti-Uduaghan’s new resumption date was communicated in a letter by her lawyer, Michael Numa, SAN, in response to a correspondence from the National Assembly.

“Finally, following the unfortunate demise of President Muhammadu Buhari, GCON, our client intends to resume her legislative duties on the 22nd day of July, 2025.

“We trust you will act promptly in fidelity to the Rule of Law, and in deference to the Constitution and the binding pronouncement of the Court. Our client reserves the right to pursue all lawful measures to enforce her rights should this demand continue to be disregarded and violated,” the letter said.

The National Assembly had earlier said there was no court order compelling the Senate to recall Mrs Akpoti-Uduaghan, suspended for six months in March. It, however, urged the senator to await the Senate’s resolution on the issue.

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Her legal team disagreed, arguing that the Federal High Court judgement delivered by Binta Nyako, the judge, contains clear, enforceable directives that mandate her immediate reinstatement.

“However, with the utmost respect, we must disagree with your interpretation of the enrolled Judgment Order. Specifically, we contest the view that the Court’s pronouncement in the referenced matter constitutes a mere advisory opinion rather than a binding directive requiring the Senate to recall Senator Natasha Akpoti-Uduaghan,” the legal team said.

Legal team argues for binding interpretation

In the rejoinder, Mrs Akpoti-Uduaghan’s lawyers underscored the binding nature of the court’s pronouncements, emphasising the opening phrase of the judgement, which states: “IT IS HEREBY ORDERED.”

In the rejoinder, Mrs Akpoti-Uduaghan argued that although the court employed the term “should” rather than “shall” in Order 12, when the entire judgement is considered in context, the language is clearly mandatory.

She insisted that when the judgement is read holistically, it demonstrates the court’s apparent intent to compel compliance rather than offer guidance.

“It is important to note that the preamble of the enrolled order begins with the words ‘IT IS HEREBY ORDERED,’ and proceeds to enumerate twelve distinct and substantive orders issued by the Court.

“Of particular relevance is Order 12, which states in part: “The Senate should recall the Plaintiff.” While the term “should” is employed instead of “shall,” the overall context and structure of the enrolled judgment order, when read in its entirety, clearly support a mandatory. interpretation of that directive.”

The senator also referenced Section 287(3) of the Nigerian Constitution, which mandates that “all persons and authorities,” including the legislature, must give effect to the decisions of competent courts

She urged the National Assembly to comply with the court order, warning that she may be compelled to take all lawful measures to enforce her rights should the Senate continue to disregard the court’s decision

“Accordingly, under Section 287(3) of the Constitution, the Senate is bound to enforce and give effect to the decision of the Court. Compliance with the judgment is not subject to further deliberation or discretion by the Senate.”

Mrs Akpoti-Uduaghan also asked the leadership of the National Assembly to revisit the enrolled order and take steps toward ensuring her smooth resumption in accordance with the court’s judgement.

Background

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

In her judgement, 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. She, however, did not issue a direct order compelling her reinstatement.

Following the judgement, 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.

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However, the Senate insisted that it found no explicit directive in the judgment mandating it to recall the suspended senator.

Meanwhile, the Senate President, Godswill Akpabio, has filed a cross-appeal at the Court of Appeal seeking to overturn the judgement.

The appeal, which raises eleven grounds, challenges both the jurisdiction of the Federal High Court and the substantive ruling itself.