by George Ozalla
The Court of Appeal, Abuja Division, on Monday affirmed the suspension of the Kogi Central Senator, Natasha Akpoti-Uduaghan, holding that the Senate acted within the law in disciplining her.
Delivering judgment in an appeal filed by the senator against an earlier decision of the Federal High Court, Justice Abba Bello Mohammed held that the Senate possesses the constitutional and procedural authority to discipline any erring member to ensure orderliness in its proceedings. The appellate court found that Akpoti-Uduaghan’s fundamental rights were not breached, contrary to her claims.
The court held that under Section 66(4) of the Senate Standing Rules, the Senate is empowered to invoke disciplinary measures where necessary, adding that the circumstances leading to the suspension fell squarely within those provisions. It ruled that the senator acted wrongly during the February 20, 2025 plenary when she refused to comply with a directive of the Senate President reallocating her seat.
The appellate court further dismissed her argument that she was entitled to prior notice before the change of seat, holding that there is no provision in the Senate rules requiring such notification. It stated that upon being informed of the reallocation, the senator ought to have moved to the new seat, noting that the Senate was right to invoke Order Six, Rule Two, following her persistent refusal to obey the directive.
In its unanimous decision, the court also faulted Akpoti-Uduaghan for failing to appear before the Senate Committee on Ethics, Petitions and Privileges, describing the action as detrimental to her case. Justice Mohammed added that the Federal High Court ought to have declined jurisdiction at the outset, having found that the Senate acted within its internal disciplinary powers.
The Court of Appeal equally dismissed her claim that the suspension violated an interim order made by Justice Obiora Egwuatu, holding that the order ceased to have effect after the judge recused himself and the matter commenced afresh before Justice Binta Nyako.
However, the appellate court set aside the contempt proceedings and the N5 million fine imposed on the senator by Justice Nyako, holding that the failure to serve Forms 48 and 49 on her was fatal to the contempt charge.
The dispute arose from a confrontation during Senate plenary on February 20, 2025, when Akpoti-Uduaghan objected to the reassignment of her seat by the Senate President, an action the Senate later deemed a breach of its rules and which culminated in her suspension.
