Appeal Court Upholds Natasha Akpoti-Uduaghan’s Suspension, Nullifies N5m Contempt Fine

The Court of Appeal, Abuja Division, today affirmed the suspension of the Senator representing Kogi Central, Natasha Akpoti-Uduaghan, ruling that the Senate acted within its constitutional and procedural powers.

In a unanimous judgment delivered by Justice Abba Bello Mohammed, the appellate court held that the Senate possesses the authority to discipline any member found to have breached its rules in order to maintain order during proceedings.

The court ruled that Senator Akpoti-Uduaghan’s fundamental rights were not violated, contrary to her claims. It stated that under Section 66(4) of the Senate Standing Rules, the upper legislative chamber is empowered to invoke disciplinary measures against erring members.

The case stemmed from an incident on February 20, 2025, during which the Senate President reallocated a seat to the Kogi Central lawmaker. The court held that the senator was wrong to refuse compliance with the directive. It further noted that her claim of not receiving prior notice of the seat change was untenable, as there is no provision in the Senate rules mandating prior notification before such adjustments are made.

According to the judgment, upon being informed of the seat reassignment, Senator Akpoti-Uduaghan ought to have complied immediately. The court affirmed that the Senate was justified in invoking Order Six, Rule Two of its Standing Rules following her persistent refusal to obey the directive.

The appellate court also observed that her refusal to appear before the Senate Committee on Ethics, Privileges and Public Petitions further weakened her case.

On the issue of jurisdiction, the Court of Appeal held that the Federal High Court ought to have declined jurisdiction in the matter, having found that the Senate acted within the framework of its internal rules, which permit it to discipline its members.

The court equally dismissed her claim that her suspension violated an earlier order made by Justice Obiora Egwuatu. It noted that Justice Egwuatu had recused himself from the case and that proceedings commenced afresh before Justice Binta Nyako. Consequently, any previous order made by Justice Egwuatu was no longer subsisting.

However, the appellate court faulted the contempt proceedings initiated against Senator Akpoti-Uduaghan and the N5 million fine imposed on her by Justice Nyako. The court held that the trial court’s failure to serve Forms 48 and 49 — mandatory preconditions in contempt proceedings — was a fundamental procedural flaw.

As a result, the Court of Appeal set aside the contempt charge and nullified the N5 million fine imposed on the senator.

The judgment effectively upholds the Senate’s disciplinary action while relieving the lawmaker of the financial penalty arising from the contempt proceedings.