The Court of Appeal sitting in Abuja has overturned the ₦5 million fine and apology order imposed on Senator Natasha Akpoti-Uduaghan, ruling that the contempt proceedings against her were fundamentally flawed and could not stand in law.
In a unanimous decision, the appellate court held that the Federal High Court erred in law when it found the Kogi Central senator guilty of contempt and ordered her to pay a ₦5 million fine as well as issue a public apology. The court ruled that the mandatory procedural steps required to initiate contempt proceedings were not followed, rendering the entire process incompetent.
The fine and apology order arose from a satirical social media post made by Senator Akpoti-Uduaghan during the pendency of her legal challenge against her six-month suspension by the Senate, presided over by Senate President Godswill Akpabio. The post had been cited as a violation of a court order, leading to the contempt ruling at the lower court.
However, the Appeal Court made it clear that contempt proceedings, being quasi-criminal in nature, must strictly comply with due process requirements, including proper service of statutory forms. Failure to do so, the court held, robs the trial court of jurisdiction.
While setting aside the fine and apology order, the Court of Appeal declined to disturb the Senate’s decision to suspend Senator Akpoti-Uduaghan for six months. The court held that the Senate acted within its constitutional powers to discipline its members for conduct during plenary sessions, and that the suspension did not amount to a violation of her fundamental rights.
Reacting to the judgment, legal analysts say the ruling draws a clear line between the Senate’s internal disciplinary powers and the judiciary’s insistence on strict adherence to due process, especially where punitive sanctions are involved.
The decision is seen as a partial victory for Senator Akpoti-Uduaghan, who had consistently described the contempt sanctions as illegal and unconstitutional, even as her suspension from the Red Chamber remains in force pending further developments.
Abuja Network News
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