A federal high court in Abuja has asked the senate to recall Natasha Akpoti-Uduaghan, senator representing Kogi central, from suspension.
In a judgment delivered on Friday, Binta Nyako, presiding judge, described Akpoti-Uduaghan’s six-month suspension by the senate as “excessive”.
Nyako faulted the provision of Chapter 8 of the senate Standing Rules as well as section 14 of the Legislative Houses, Powers & Privileges Act, declaring both as “overreaching”.
The court observed that the two relevant laws did not define the maximum duration for which a serving lawmaker can be suspended from office.
It held that since lawmakers are constitutionally required to sit for a total of 181 days in each legislative session, the six-month suspension imposed on Natasha Akpoti effectively stripped her of the opportunity to carry out her legislative duties for nearly the entire session.
This, the court noted, amounted to denying her constituents their right to representation.
While affirming that the senate has the authority to discipline its members, the court emphasised that any sanction must be proportionate and must not undermine the rights of the constituents to be represented in the senate.
However, the court ruled that Senate President Godswill Akpabio was justified in refusing Akpoti-Uduaghan a chance to speak during plenary, as she was not seated in her officially assigned position at the time.
Nyako also dismissed Akpabio’s argument that the court lacked jurisdiction over the matter, rejecting his claim that the suit concerned an internal affair of the senate.
Background
Natasha Akpoti-Uduaghan had filed a suit to stop the senate committee on ethics and public petitions from instituting disciplinary proceedings against her.
On March 4, the judge issued an order restraining the senate from commencing disciplinary proceedings against Akpoti-Uduaghan following an ex parte application filed by counsel to the senator.
The judge ruled that the defendants must appear and show cause within 72 hours, upon service of the order, why an interlocutory injunction should not be issued against them.
Two days after the judgment, the senate suspended the Natasha Akpoti for six months over alleged gross misconduct.
The decision followed the adoption of the report by the committee on ethics, privileges and public petitions.
On March 19, Obiora Egwuatu, presiding judge, vacated his March 4 order restraining the senate from suspending the Kogi senator.
At the resumed court session on March 25, Egwuatu announced his decision to recuse himself from the case after taking the appearance of lawyers for the parties in the suit.
Egwuatu disclosed that his decision was due to an allegation of bias against him by Akpabio.
He ordered that the case file be transferred to John Tsoho, the chief judge of the federal high court, for reassignment.
The case was then reassigned to Nyako.
