The court declared the suspension of Akpoti-Uduaghan as “excessive” and a violation of both democratic norms and the constitutional rights of her constituents.
The federal high court in Abuja has ordered the senate to immediately recall Sen. Natasha Akpoti-Uduaghan, who represents Kogi central, from suspension, marking a significant legal victory in the months-long standoff between the embattled senator and Senate President Godswill Akpabio.
Delivering judgment on Friday, 4 July, Justice Binta Nyako ruled that the senate acted beyond its legal boundaries when it suspended the senator for six months over an altercation involving her seating position on the senate floor.
The court declared the suspension “excessive” and a violation of both democratic norms and the constitutional rights of Sen. Akpoti-Uduaghan’s constituents.
Background: a clash that tore through senate
Sen. Akpoti-Uduaghan’s legal troubles began in early March after a heated exchange with Senate President Akpabio on the chamber floor. The dispute revolved around her assigned seat, which she claimed had been changed without proper communication, an action she interpreted as part of a broader attempt to silence or sideline her in the chamber.
In response, the senate referred her to its committee on ethics, privileges and public petitions, chaired by Sen. Neda Imasuen. Suspecting bias and political motivation, Akpoti-Uduaghan sought refuge in the courts.
On 3 March, she filed a lawsuit against the senate, its clerk, Sen. Akpabio, and Sen. Imasuen, seeking to halt the probe into her conduct. The court, then presided over by Justice Obiora Egwuatu, granted an interim order restraining the senate from proceeding with any disciplinary action.
Despite the court’s order, the senate moved ahead and, on 6 March, suspended the senator for six months. This prompted the lawmaker to file a contempt suit against the senate leadership, accusing them of disobeying a valid court injunction.
The court’s ruling
Justice Binta Nyako, in her ruling, affirmed that while the senate has the power to discipline its members, such authority must be exercised within the bounds of reason and in line with constitutional principles.
She cited both chapter 8 of the senate standing orders and section 14 of the legislative houses (powers and privileges) act, which were invoked by the senate to justify the suspension. However, she noted that these provisions do not stipulate a clear maximum period for suspensions.
“The suspension is excessive. Lawmakers are entitled to sit for 181 days in every legislative year. Suspending a senator for six months is akin to pushing her away from her responsibilities to her constituents for almost the entire session,” Justice Nyako said.
She added that the democratic right of constituents to representation cannot be sacrificed on the altar of internal disciplinary measures. The court therefore declared the suspension unlawful and ordered that Sen. Akpoti-Uduaghan be reinstated to her seat without delay.
The court also struck out the senate president’s objection that the judiciary lacked jurisdiction over the matter. According to Justice Nyako, “The internal affairs of the senate cannot be used as a shield when the fundamental rights of citizens and their representatives are in question.”
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A satirical apology and contempt charges
In a dramatic turn, however, the court also found Sen. Akpoti-Uduaghan in contempt. In late April, while the case was still ongoing, the senator posted a satirical apology to Sen. Akpabio on her official Facebook page.
This action came after the court had issued a gag order at the senate president’s request, barring parties from speaking to the press or posting about the case on social media.
Justice Nyako ruled that Akpoti-Uduaghan’s post constituted a breach of the court’s directive. She ordered the senator to publish an unreserved apology in two national dailies and on her Facebook page within seven days, to purge herself of contempt.
Additionally, the court fined her ₦1 million for violating the gag order and imposed a further ₦5 million fine over the satirical nature of the Facebook post, which it considered mocking and disrespectful to the court’s authority.
Sexual harassment allegations and senate pushback
The legal dispute and political tension between Akpoti-Uduaghan and the senate president have also been shaped by deeper, more controversial undercurrents. Prior to her suspension, the senator had submitted petitions accusing Sen. Akpabio of sexual harassment, an explosive allegation that the senate twice dismissed without a public hearing. Akpabio has also consistently denied the claims.
These developments attracted wide public and media attention, both within and outside Nigeria. Civil society organisations and some international observers decried what they described as coordinated attempts to suppress dissent and silence female voices in Nigeria’s male-dominated legislature.
“Akpabio has been vindicated”
Following the ruling, the office of the President of the Senate, Godswill Akpabio, issued a statement celebrating the court’s findings as vindication for the senate’s leadership and processes.
According to the statement, the judgment validated Akpabio’s position that the reassignment of Sen. Akpoti-Uduaghan’s seat and her referral to the ethics committee were lawful and within the powers conferred by the Senate Standing Orders.
It read in part:
“The Federal High Court presided over by Justice Binta Nyako, sitting in Abuja on Friday, gave the order which vindicated Akpabio in the case filed by Senator Akpoti-Uduaghan to challenge her referral to the Senate Committee on Ethics, Privileges, and Public Petitions as well as her subsequent suspension.
The court upheld the application filed by the 3rd Defendant (Senate President Godswill Akpabio) bordering on contempt. The court found that the satirical ‘apology’ posted by the Plaintiff on her official Facebook page on 27th April 2025 was a clear violation of its restraining order made on 4th April 2025, which barred all parties from making public comments on the matter.”
The statement went on to say that Justice Nyako found the publication to be contemptuous and deliberately ridiculing of both the senate president and the judicial process. In addition to the fines and public apology ordered, the senate president’s office highlighted the court’s findings on the substantive issues:
- The Nigerian senate has the constitutional authority to discipline its members for violating its standing orders.
- The action of the senate president on 20th February 2025, in reallocating Senator Natasha’s seat, was lawful and within his administrative powers under section 6(1) of the senate standing rules.
- A senator is only permitted to address the plenary from the seat formally assigned, and the plaintiff acted contrary to section 6(2) of the rules when she attempted to speak from an unallocated seat.
- The referral of Senator Natasha to the ethics committee for disciplinary action was valid and appropriate, arising from her breach of the Senate Standing Rules
“The ruling has far-reaching implications for legislative governance, internal parliamentary discipline, and judicial enforcement of sub judice restrictions,” the statement concluded. “It underscores the judiciary’s deference to the autonomy of legislative bodies in managing their internal affairs, while also upholding the sanctity of court orders and the rule of law.”
For Sen. Akpoti-Uduaghan, the ruling marks both vindication and a stern warning. While she regains her seat, the fines and contempt rulings suggest the court will not condone defiance regardless of whether the defendant is the victim of political persecution.
As of the time of this report, the senate has yet to issue an official response or act on the court’s directive to recall the suspended senator.
