Senate President Godswill Akpabio has filed an appeal at the Supreme Court to challenge a Court of Appeal ruling in a case that centres on the suspension of Kogi Central Senator Natasha Akpoti-Uduaghan.
The appeal stemmed from some decisions taken by the Abuja Division of the Court of Appeal on 28 November, striking out Mr Akpabio’s brief of argument and going ahead to hear Mrs Akpoti-Uduaghan’s appeal regarding the case.
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The case was so contentious at the Federal High Court from whether the case originated that it prompted appeals from the adversaries.
Although the Court of Appeal has yet to deliver the substantive judgement on the appeals, the Court of Appeal held that the number of pages of Mr Akpabio’s appellant brief exceeded the page limit prescribed by court rules. The court also rejected his request to file a revised brief within the allowed length.
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The Court of Appeal’s hearing stemmed from the suspension of Mrs Akpoti-Uduaghan on 6 March.
Ms Akpoti-Uduaghan had challenged her suspension at the Federal High Court in Abuja.
But the Federal High Court, in a limp, controversial decision delivered on 4 July, declared her suspension for six months on 6 March by the Senate as excessive but stopped short of ordering the reversal of the illegality.
The controversial decision of the Federal High Court also fined Mrs Akpoti-Uduaghan N5 million for her “satirical apology” post on her Facebook page on 27 April.
The judge ruled that the social media post was made in disobedience of a valid court order prohibiting parties to the suit from making comments to the press or on social media regarding the subject matter of the pending suit.
The court ordered Mrs Akpoti-Uduaghan to tender an unreserved apology in two national dailies and on her Facebook page within seven days of the judgement to “purge” herself of the contemptuous act against the court. The senator wasn’t sent to prison because her act was adjudged to be civil contempt and not criminal contempt.
True to the controversial nature of the Federal High Court’s judgement, the decision spurred appeals from Mrs Akpoti-Uduaghan and the senate president.
The Court of Appeal heard the appeals on 28 November and reserved judgement. The date of the judgement is to be communicated to the parties.
Senate President to Supreme Court
Mr Akpabio filed his appeal at the Supreme Court on 18 December. The respondents are the Clerk of the National Assembly, the Nigerian Senate, and the Chairman of the Senate Committee on Ethics, Privileges and Public Petitions, Neda Imasuem.
The senate president argued that by the time the appeal was heard, her suspension had expired. “She was reinstated to the Senate on 6 September and has been performing her duties with all the associated rights and privileges,” his filing read.
He challenged Ms Akpoti-Uduaghan’s filings, arguing that her brief did not comply with “formatting rules requiring a larger font size and wider line spacing” which allowed her to remain within the page limit without court approval.
He also questioned the competence of her notice of appeal, which he said required him to address the objection within his brief, making a longer submission unavoidable.
Mr Akpabio argued that the appellate court’s decision denied him a fair hearing under the Nigerian Constitution, contending that the court was wrong to insist on strict compliance with the page limit, given the complexity and volume of issues in the appeal.
He said he formally applied in early November for permission to exceed the page limit under provisions allowing extended briefs in complex cases, but the Court of Appeal declined and proceeded to hear the appeal.
Mr Akpabio contended that the appellate court prioritised speed over fairness, treated the parties unequally, and reached a decision without giving him a full opportunity to present his case.
Mr Akpabio has therefore asked the Supreme Court to set aside the Court of Appeal’s decisions of 28 November. He seeks to rely on his brief of argument, which exceeds the 35-page limit, or to file a complaint brief for proper consideration.
He argues that this step is necessary to safeguard his constitutional right to a fair hearing and ensure justice.
Background
The feud arose from Mrs Akpoti-Uduaghan’s suspension after a dispute between her and Mr Akpabio during a senate proceeding on 20 February over her seating position.
On 6 March, the Senate adopted a report by its Ethics Committee and suspended her for six months, citing misconduct and violation of Standing Orders.
The suspension barred her from her duties, sealed her office, and withheld her salaries and allowances. She could return earlier if she tendered a written apology.
READ ALSO: UPDATED: Alleged Sexual Harassment: Akpabio sues Akpoti-Uduaghan for defamation, demands N200 billion in damages
She rejected the suspension and challenged it in court, arguing it was punitive, unconstitutional, and linked to her earlier sexual harassment petition against Mr Akpabio, which he denied.
On 4 July, the Federal High Court in Abuja ruled the suspension excessive and ordered her recall but fined her N5 million for contempt over a social media post and required a public apology.
The Senate did not reinstate her immediately, arguing that the court did not give any such order and that the matter is still in court.
When the six-month suspension ended on 4 September, Mrs Akpoti-Uduaghan notified the National Assembly of her intent to resume, but the management refused, citing the ongoing court process. The standoff lasted until 23 September, when senate officials unsealed her office, which had remained closed since March.
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