The Senate has hailed the court of appeal’s ruling upholding the suspension of Natasha Akpoti-Uduaghan, senator representing Kogi Central.
In a statement on Monday, Yemi Adaramodu, chairman of the senate committee on media and public affairs, says the judgment has strengthened the senate’s internal disciplinary framework.
The appellate court in its ruling on Monday held that the senate acted within its constitutional powers when it suspended the senator representing Kogi Central over alleged misconduct.
In a unanimous decision, a three-member panel of the Court of Appeal ruled that Akpoti-Uduaghan’s parliamentary privilege and constitutional rights were not violated by the suspension.
The court affirmed that the Senate has the authority to discipline erring members and that the senator’s fundamental rights were not breached in the circumstances of the case.
Adaramodu said the ruling reinforces parliamentary autonomy and the principle of separation of powers.
“The judgment decisively reinforces parliamentary autonomy and separation of powers, confirming that the senate’s power to discipline its members is constitutionally protected and justiciable only where there is a clear breach of the constitution or statute,” the statement read.
He added that the court clarified the limits of fundamental rights in the context of legislative discipline.
“Crucially, the court held that lawful disciplinary action by the senate does not infringe a member’s fundamental rights; such rights are not activated outside compliance with senate rules governing participation,” he said.
According to the senate spokesperson, the ruling further affirmed that courts will not interfere in the internal affairs of the legislature unless there is a clear constitutional violation.
“In effect, members must submit to internal legislative discipline, and courts will not intervene unless there is a demonstrable constitutional violation,” he said.
Akpoti-Uduaghan had approached the Federal High Court in Abuja seeking to restrain the Senate Committee on Ethics, Privileges and Public Petitions from instituting disciplinary proceedings against her.
On March 4, the court issued an order restraining the Senate from commencing disciplinary action against the senator, following an ex parte application filed by her counsel.
The judge directed the defendants to appear within 72 hours of being served to show cause why an interlocutory injunction should not be granted.
Two days after the order, the Senate suspended the Kogi Central senator for six months over alleged gross misconduct. The decision followed the adoption of a report by the Committee on Ethics, Privileges and Public Petitions.
On March 19, Obiora Egwuatu, the presiding judge, vacated his earlier order restraining the Senate. At the resumed hearing on March 25, Egwuatu announced his decision to recuse himself from the case after taking the appearance of counsel to the parties.
Egwuatu said the decision was based on allegations of bias levelled against him by Senate President Godswill Akpabio.
He subsequently ordered that the case file be transferred to the Chief Judge of the Federal High Court, John Tsoho, for reassignment. The matter was later reassigned to Justice Binta Nyako.
In her judgment delivered on July 4, Justice Nyako held that the privileges of a lawmaker are subject to the provisions of the Senate rules.
She ruled that the Senate President has the authority to alter the seating arrangements of lawmakers and that Akpabio was justified in denying Akpoti-Uduaghan the opportunity to speak during plenary, as she was not seated in her officially assigned position at the time.
However, the court faulted the duration of the suspension, describing it as “overreaching” and “excessive.”
Nyako also found Akpoti-Uduaghan guilty of contempt for publishing a satirical apology to Akpabio.
