By Jane Okafor, Abuja
Federal High Court sitting in Abuja has faulted the suspension of Kogi State Central Senator, Natasha Akpoti-Uduaghan by Senator Godswill Obot Akpabio – led 10th Senate.
The presiding judge, Justice Binta Fatima Nyako subsequently nullified it and ordered the Senate to recall the suspended senator Natasha Akpoti-Uduaghan.
In nullifying the suspension on Friday, July 4, Justice Nyako held that Natasha’s suspension for six months violated the Constitution and also denied her constituents of adequate representation.
The judge made the order while delivering judgment in the suit filed by the suspended Senator challenging her six months suspension by the Senate.
Justice Nyako stated that while the National Assembly has powers to discipline any erring members, such discipline should not be too excessive to the extent of depriving her people of representation.
Justice Nyako explained that the six months suspension was excessive because it exceeded the 180 days the house is expected to sit.
The court also held that the six-month suspension imposed on the senator by the Senate lacked a clear legal foundation.
It therefore invalidated portions of Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act, describing both as “overreaching” and failing to specify a limit for how long a serving lawmaker can be suspended.
“Since lawmakers have a total of 181 sitting days in every legislative calendar, suspending a senator for six months, equivalent to roughly 180 days, essentially deprives the constituents of representation,” Justice Nyako stated.
While affirming that the Senate retains the constitutional power to discipline its members, the court emphasised that such sanctions must not deny citizens their right to representation.
“A legislative house has the power to sanction its members, but such punishment must not be excessive to the point of stripping constituents of representation,” the judge ruled.
However, the court dismissed claims that Senate President Godswill Akpabio acted improperly when he denied Senator Akpoti-Uduaghan the right to speak during plenary, stating that she was not occupying her officially designated seat at the time.
Justice Nyako also rejected the argument put forward by Akpabio that the court lacked jurisdiction in the matter.
On the contrary, the court said the issue of suspension directly affects the constitutional rights of both the lawmaker and her constituents, thereby making it a justiciable matter.
“The matter is not a mere internal affair of the Senate. It touches on the rights of voters and their elected representative,” the court noted.
However, earlier same Friday, Justice Nyako found Senator Natasha Akpoti – Uduaghan guilty of contempt, stating that the Senator violated a court order by publishing a satirical apology to the Senate President, Godswill Akpabio, on her Facebook page on April 7.
The court held that the publication mocked a subsisting gag order it had imposed on the parties, thereby undermining its authority.
Justice Nyako, therefore, ordered Senator Akpoti-Uduaghan to issue a formal apology to the court and publish same within seven days in two national newspapers and also on her Facebook page.
The court, in addition, imposed a fine of N5 million, noting that the contempt occurred in the context of a civil proceeding and even though the contempt proceedings were initiated by Senator Akpabio, the court declined to grant any personal relief in his favour.
