A Federal High Court in Abuja on Friday ruled that the Nigerian Senate acted beyond its powers by suspending Senator Natasha Akpoti-Uduaghan for six months, ordering her immediate recall to the Red Chamber.
Justice Binta Nyako, who gave the ruling, said the Senate’s decision lacked a solid legal base and was longer than necessary. She noted that the suspension period was too long and did not have proper backing under the law.
According to her, the Senate Standing Orders and Section 14 of the Legislative Houses (Powers and Privileges) Act do not state how long a member can be suspended. Because of this, the court found the Senate’s action to be out of line.
The judge also explained that Nigeria’s National Assembly is only expected to sit for 181 days each legislative year. Suspending a lawmaker for about that same length of time means that an entire group of people are left without a voice in the Senate.
She said such a move goes against the Constitution and is unfair to the people who elected the senator.
“While the Senate has the authority to discipline its members, such sanctions must not go so far as to deny constituents their right to representation,” Nyako ruled.
On another part of the case, the court supported Senate President Godswill Akpabio. The judge said Akpabio’s choice to stop Senator Akpoti-Uduaghan from speaking during a Senate meeting was not wrong. This was because she was not sitting in her assigned seat, and that did not count as breaking her rights.
Justice Nyako also rejected Akpabio’s claim that the court should not be involved in the matter. She noted that the rights of citizens and proper representation are legal matters that the court can look into.
