UPDATED: Court lifts Akpoti-Uduaghan’s Senate suspension but fines her N5m for contempt

The Federal High Court in Abuja, on Friday, ordered the Senate to recall Kogi Central Senator Natasha Akpoti-Uduaghan from suspension.

Delivering judgment on her suit challenging the disciplinary action taken against her in March, the judge, Binta Nyako, described her six-month suspension as “excessive.”

But the judge awarded a fine of N5 million against Mrs Akpoti-Uduaghan 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 News Agency of Nigeria (NAN) reports that the judge, therefore, 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.

Although the judge acknowledged the powers of the Senate to discipline erring senators, she ruled that suspending a senator for six months, which is equivalent to the 181 days the National Assembly is expected to sit in a legislative year, was unconstitutional.

She said the six-month suspension amounted to silencing the senator’s entire constituency for a whole year.

Suspension

Ms Akpoti-Uduaghan filed the suit on 3 March, initially, to halt an investigation by the Senate and its Committee on Ethics into alleged misconduct stemming from Senate proceedings where she had an altercation with the Senate President, Godswill Akpabio, over her assigned seat.

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She sued the Clerk of the Senate, the Senate, Senate President Akpabio and Neda Imasuem, who is the chairperson, Senate Committee on Ethics, Privileges and Code of Conduct.

Despite the suit and the initial restraining order issued by the former judge Obiora Egwuatu asking the Senate to stay action on its disciplinary proceedings, the Senate proceeded to suspend her on 6 March for six months.

Mrs Akpoti-Uduaghan filed a contempt complaint against Mr Akpabio and other relevant Senate officers for disobeying the order halting the disciplinary action against her.

As the case progressed in court, the matter continued to stir up public commentaries in the media prompting Mr Akpabio to urge the court to bar parties to the suit to speak to the press or share social media posts about the matter.

However, late last month, Mrs Akpoti-Natasha mocked Mr Akpabio with a satirical apology posted on her official Facebook page.

In the aftermath of the post, Mr Akpabio’s legal team filed an application in court, accusing Mrs Akpoti-Uduaghan of breaching the gag order banning interviews and such a social media post while the case in court lasted.

However, Mrs Akpoti-Uduaghan countered the application, urging the court to dismiss it.

The matter has attracted both local and international media attention, further intensified by Mrs Akpoti-Uduaghan’s allegations of sexual harassment against Mr Akpabio. The Senate dismissed her sexual harassment petitions on two occasions, while Mr Akpabio vehemently denied the charge.

Mixed decisions

The judge dismissed the preliminary objection filed by Mr Akpabio before lifting the suspension on Mrs Akpabio-Uduaghan’s suspension.

She dismissed the respondents’ argument that the court had no business interfering in the “internal affair” of the legislature, stating that fundamental rights and representation are matters squarely within the court’s purview.

Although the judge acknowledged that Mrs Akpoti-Uduaghan’s suit predated her suspension that it sought to change, she ruled she had a right to take preemptive legal steps to protect her fundamental rights, especially considering the nature of the case.

But the court partly ruled in favour of the Senate and Mr Akpabio in some areas.

It ruled that the refusal to allow Mrs Akpoti-Uduaghan to speak during a plenary on the grounds that she was not seated in her designated seat was not a violation of her rights.

The court also held that the Nigerian Senate has the constitutional authority to discipline its members for violating its Standing Orders.

It also ruled that the senate president’s action on 20 February assigning a new seat to Mrs Akpoti-Uduaghan was lawful and within his administrative powers under Section 6(1) of the Senate Standing Rules.

The court also held that a senator is only permitted to address the plenary from the seat formally assigned, adding that Mrs Akpoti-Uduaghan acted contrary to Section 6(2) of the Rules when she attempted to speak from an unallocated seat.

It added that the referral of the senator to the Senate Ethics Committee for disciplinary action was valid and appropriate, arising from her breach of the Senate Standing Orders.

Akpoti-Uduaghan joins list of successful challengers of Senate suspension

Friday’s decision places Mrs Akpoti-Uduaghan on a growing list of lawmakers who have successfully challenged their suspension by the senate in court.

In May 2017, the Federal High Court in Abuja nullified the suspension of Borno South Ali Ndume by the Nigerian Senate. Judge Babatunde Quadri ruled that the Senate had no constitutional backing to suspend a member beyond 14 days. He ordered the Senate to pay all of Ndume’s withheld salaries and allowances.

A year later, in May 2018, Ovie Omo-Agege, then-senator representing Delta Central, secured a similar judicial victory. The Federal High Court, Abuja, ruled that his 90-day suspension over the comments he made during a National Assembly debate on electoral reforms was unlawful. The court held that the legislature lacked the power to suspend a member in the manner it did.