July 4, 2025
A Federal High Court in Abuja has ruled that the Nigerian Senate acted beyond its constitutional powers by suspending Senator Natasha Akpoti-Uduaghan for six months. The court ordered her immediate reinstatement to the Senate.
Delivering the judgment on Friday, Justice Binta Nyako described the suspension as “excessive” and lacking a clear legal basis.
According to the court, neither Chapter 8 of the Senate Standing Orders nor Section 14 of the Legislative Houses (Powers and Privileges) Act—which the Senate cited as justification—prescribe a maximum suspension period. The court concluded that the Senate overstepped its bounds in this instance.
Justice Nyako further emphasized that, since the National Assembly is constitutionally required to sit for 181 days in a legislative year, suspending a senator for nearly the same duration effectively silences the voice of an entire constituency. She declared this action unconstitutional.
“While the Senate has the authority to discipline its members, such disciplinary actions must not go so far as to deny constituents their right to representation,” she ruled.
However, in a separate matter, the court ruled in favor of Senate President Godswill Akpabio, determining that his decision to prevent Akpoti-Uduaghan from speaking during a plenary—on the grounds that she was not seated in her designated seat—did not constitute a violation of her rights.
Justice Nyako also rejected Akpabio’s argument that the judiciary should not interfere in what he termed an "internal affair" of the legislature. She held that matters involving fundamental rights and representation fall squarely within the court’s jurisdiction.
In a related development, the court imposed a financial penalty on Senator Akpoti-Uduaghan for violating an earlier court directive that prohibited both parties from making public comments on the ongoing legal case.
A Pattern of Judicial Intervention
Senator Akpoti-Uduaghan’s case is not unprecedented. In previous years, other senators have successfully challenged their suspensions in court.
In March 2017, Senator Ali Ndume, who represented Borno South, was suspended for 90 legislative days after calling for an investigation into allegations involving then-Senate President Bukola Saraki and Senator Dino Melaye. The Senate accused Ndume of making unverified allegations that brought the institution into disrepute.
Ndume filed a lawsuit at the Federal High Court in Abuja, which in November 2017 ruled that his suspension was “illegal, unlawful, and unconstitutional.” The court also ordered the Senate to pay his outstanding salaries and allowances.
Similarly, in May 2018, the Federal High Court in Abuja nullified the suspension of Senator Ovie Omo-Agege, who was accused of making comments against his colleagues regarding President Muhammadu Buhari’s 2019 re-election. Although initially suspended for 181 legislative days, his suspension was later reduced to 90. Justice Nnamdi Dimgba ruled that the Constitution only permits a maximum suspension of 14 legislative days and declared the Senate's action void.
Other suspensions, such as those of Senators Joseph Waku (2000), Arthur Nzeribe (2002), and Abdul Ningi (2024), were not legally challenged according to available reports.
Similar Rulings for House of Representatives Members
Comparable outcomes have emerged in cases involving suspended members of the House of Representatives who sought judicial redress.
In 2018, the Federal High Court in Abuja voided the 180-legislative-day suspension of Abdulmumin Jibrin, who was sanctioned in 2016 after accusing House leadership of corruption. The court ruled the suspension unlawful and ordered the House to pay Jibrin all withheld salaries and benefits.
Likewise, in 2010, a court mandated the reinstatement and compensation of several lawmakers suspended indefinitely, affirming that legislative bodies may only impose suspensions for up to 14 legislative days under the law.
A Warning to Political Leaders: Uphold the Law or Face the Consequences
Senator Akpoti-Uduaghan’s legal victory transcends personal redemption; it is a resounding message to all political officeholders. Whether in the Senate, House of Representatives, or among political appointees, adherence to the rule of law is non-negotiable. Disregarding judicial orders undermines democratic governance and erodes public trust in the justice system.
This case serves as a crucial reminder that no political affiliation or influence should obstruct the enforcement of lawful judicial decisions. Nigeria’s democratic institutions must respect and promptly implement court rulings, irrespective of political considerations.
Respect for the Judiciary Is Essential
No democracy can thrive where judicial orders are ignored. The reinstatement of Senator Akpoti-Uduaghan underscores the importance of due process and places a renewed obligation on the National Assembly to prevent future violations.
The judiciary remains the final bastion of justice for citizens. It must not only issue fair judgments but also see those judgments upheld by other branches of government.
Looking Ahead
The imposed fine and required apology, although delayed, should be viewed not merely as punitive actions but as an opportunity for introspection and reform. They offer the National Assembly and political leaders a chance to recommit to democratic values and constitutional integrity.
Senator Natasha Akpoti-Uduaghan’s perseverance and eventual reinstatement exemplify the triumph of justice over political impunity. Let this serve as a lasting reminder: the Constitution is supreme, and no individual or institution is above the law.
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