- The court declared parts of Senate rules and privileges act as overreaching and vague on suspension duration.
- Justice Nyako insisted punishments must not leave constituencies without representation in the legislature.
The Federal High Court in Abuja has ordered the immediate recall of the suspended senator representing Kogi Central, Natasha Akpoti-Uduaghan.
Justice Binta Nyako, who delivered the judgment on Friday, ruled that the Senate’s six-month suspension of the senator was “excessive” and lacked clear legal backing.
The court invalidated parts of Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act, calling them “overreaching” and unclear on suspension limits.
“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.
She stressed that while the Senate has the constitutional authority to discipline its members, the punishment must not be so extreme as to silence the voice of a constituency.
“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.
The court, however, rejected claims that the president of the Senate, Godswill Akpabio, acted wrongly by preventing senator Akpoti-Uduaghan from speaking during plenary.
Justice Nyako noted that the senator was not seated at her officially designated position in the chamber when she sought to speak.
The court also dismissed Akpabio’s objection that the judiciary had no jurisdiction to intervene in the 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.
Justice Nyako ruled that because the suspension affected both the senator’s rights and those of her constituents, the court had every right to step in.
In a separate ruling delivered the same day, Justice Nyako found senator Akpoti-Uduaghan guilty of contempt of court.
The court said the senator violated a gag order by posting a satirical apology to the Senate president on Facebook on April 7.
According to the judge, the Facebook post ridiculed the court’s instruction and undermined its authority.
Justice Nyako ordered the senator to publish a formal apology in two national newspapers and on her Facebook page within seven days.
The court also imposed a fine of N5 million on senator Akpoti-Uduaghan over the controversial Facebook post.
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