SENATE President Godswill Akpabio has filed an appeal at the Court of Appeal, contesting the decision of the Federal High Court in Abuja that ordered the reinstatement of Natasha Akpoti-Uduaghan, a suspended senator representing Kogi Central at the Senate.
In the notice of appeal, Akpabio’s legal team is seeking to overturn the July 4 ruling delivered by a judge, Binta Nyako, arguing that the case pertained to the internal affairs of the National Assembly and was therefore beyond the jurisdiction of the courts, as outlined in Section 251 of the 1999 Constitution.
The ICIR reported that Nyako ordered the Senate to recall Akpoti-Uduaghan, who was suspended on March 6.
The judge described as extreme the six-month suspension imposed on the lawmaker by the Senate.
The ICIR reported that the Senate suspended the female lawmaker for six months after she rejected the seat allocated to her in the chamber by Akpabio.
Shortly after the ruling, the Senate spokesperson, Yemi Adaramodu, said that the Red Chamber would not reinstate her immediately, as he outlined conditions for her reinstatement.
Meanwhile, Akpoti-Uduaghan vowed to resume at the Senate on Tuesday, July 8, but she failed to do so.
In his latest 11-ground appeal, the Senate President criticised the lower court for dismissing his preliminary objection and issuing orders that interfere with parliamentary procedures safeguarded by law.
He contended that matters concerning suspensions, statements made during plenary, and Senate resolutions were protected under the Legislative Houses (Powers and Privileges) Act and were therefore beyond the scope of judicial intervention.
Akpabio further argued that the suit was premature, noting that it failed to exhaust the Senate’s internal dispute resolution mechanisms, that is, the Committee on Ethics, Privileges, and Public Petitions, as stipulated in the Senate Standing Orders, 2023 (as amended).
He also criticised the trial court for allegedly violating his right to a fair hearing by introducing issues that were not raised or argued by any of the parties, including the question of whether Akpoti-Uduaghan’s suspension was excessive.
He said that the judge erred by recommending her recall without granting both parties the opportunity to present arguments on the matter.
He also accused the court of procedural irregularities for merging the interlocutory reliefs sought by Akpoti-Uduaghan with her substantive claims, despite the overlap between them.
He further argued that her suit ought to have been dismissed for non-compliance with Section 21 of the Legislative Houses Act, which mandates a three-month notice to be served on the Clerk of the National Assembly before commencing legal proceedings.
Among other reliefs, Akpabio urged the Court of Appeal to uphold the appeal and nullify the Federal High Court’s judgment.
He sought the dismissal of Akpoti-Uduaghan’s suit for lack of jurisdiction, the striking out of what he describes as duplicated reliefs in her applications, and the rejection of the trial court’s “advisory opinions” to the Senate, particularly those concerning rule amendments or the recall of a suspended member.
He also asked the court to invoke Section 15 of the Court of Appeal Act to resolve his preliminary objection and dismiss the entire case.
The ICIR reported that Akpabio removed the Akpoti-Uduaghan, as chairperson of the Committee on Diaspora and Non-Governmental Organisations, and replaced her with Aniekan Bassey, from Akwa Ibom North-East.
He announced the changes during the plenary on Thursday, July 10.
He also hinted at imminent minor shake-ups involving vice chairmen of various committees.
Nanji is an investigative journalist with the ICIR. She has years of experience in reporting and broadcasting human angle stories, gender inequalities, minority stories, and human rights issues. She has documented sexual war crimes in armed conflict, sex for grades in Nigerian Universities, harmful traditional practices and human trafficking.