Akpabio appeals court ruling on Akpoti-Uduaghan’s reinstatement, questions judicial oversight of Senate suspension

Summary

• Senate President Godswill Akpabio appeals Federal High Court ruling reinstating Senator Natasha Akpoti-Uduaghan
• Court had declared her six-month suspension unlawful and excessive
• Akpabio’s appeal cites jurisdictional overreach, procedural irregularities, and parliamentary autonomy
• Akpoti-Uduaghan also appeals ₦5m contempt fine; multiple legal battles remain unresolved

Abuja, Nigeria — Senate President Godswill Akpabio has filed a formal appeal challenging the ruling of the Federal High Court which, on July 4, 2025, nullified the six-month suspension of Senator Natasha Akpoti-Uduaghan from the National Assembly.

The appeal, filed on July 14 at the Court of Appeal in Abuja, is the latest development in a bitter political and legal dispute that has drawn national attention.

Akpabio’s legal team, led by senior lawyer and former Nigerian Bar Association President Olisa Agbakoba, argued that the Federal High Court, presided over by Justice Binta Nyako, lacked the jurisdiction to interfere in what they described as the internal affairs of the Senate. They also alleged that the judge overstepped by addressing matters not raised by either party, particularly the “excessive” nature of the suspension.

A clash of powers: Judiciary vs. Legislature

Akpabio’s appeal hinges on four major grounds:

1. Jurisdictional Error: The Senate President maintains that the Constitution and Legislative Houses (Powers and Privileges) Act shield legislative processes, such as suspensions, debates, and resolutions, from judicial interference.

2. Failure to Exhaust Internal Mechanisms: Akpabio argues that Senator Akpoti-Uduaghan bypassed the Senate’s internal channels, including the Committee on Ethics, Privileges and Public Petitions, before heading to court.

3. Denial of Fair Hearing: The appeal faults the trial court for ruling on issues not properly pleaded and for merging interlocutory and substantive applications, thereby violating due process.

4. Relief Sought: Akpabio is asking the Court of Appeal to set aside the lower court’s ruling, nullify the order declaring the suspension unlawful, and dismiss the suit entirely.

Background: From confrontation to courtroom

The dispute originated from a February 2025 confrontation in the Senate chamber over a seating reassignment. Senator Akpoti-Uduaghan alleged that the move was politically motivated and part of a larger campaign to silence her. She also accused Akpabio of sexual harassment, allegations he has repeatedly denied.

Her subsequent petition was dismissed by the Senate Committee on procedural grounds, leading to her suspension on March 6. She challenged the decision in court, resulting in the July 4 ruling that ordered her reinstatement and labelled the suspension unconstitutional.

However, Justice Nyako also found Akpoti-Uduaghan guilty of contempt for a satirical Facebook post made in April, in violation of a court order. She was fined ₦5 million and instructed to publish a formal apology in two newspapers and online.

Akpoti-Uduaghan fights back

While Senator Akpoti-Uduaghan has yet to issue a detailed statement on Akpabio’s appeal, she dismissed it during a recent public appearance, suggesting the Senate President should be questioned for seeking to overturn the judgment.

She has also filed her own appeal against the contempt ruling and associated fine, arguing that the post occurred outside the courtroom and required separate criminal proceedings. Her legal team accuses the Federal High Court of judicial overreach and violating her right to a fair hearing.

A web of lawsuits

The rivalry between both senators has spawned a slew of legal actions: Akpoti-Uduaghan is suing Akpabio and his aide for ₦100.3 billion in a defamation case. She is also facing a three-count defamation charge herself, in which she pleaded not guilty and was granted ₦50 million bail.

Akpabio’s wife, Ekaette, has also filed two separate suits against Akpoti-Uduaghan, seeking ₦350 billion in damages, while a June 2025 Court of Appeal ruling struck out two motions by Akpabio and awarded ₦100,000 in costs against him.

No clear path to Senate floor

Despite the Federal High Court’s ruling, Akpoti-Uduaghan’s return to the Senate remains uncertain. While she was expected to resume on July 8, the Clerk of the National Assembly has stated that the Senate leadership reserves the right to act on the court’s decision, indicating that reinstatement is not automatic.

The unresolved status underscores the constitutional dilemma at the heart of the case—how far can the judiciary go in regulating legislative discipline?

Public divided, legal community watches

The case continues to polarise public opinion. Supporters of Akpoti-Uduaghan see her suspension as emblematic of gender bias in politics, while defenders of Akpabio view it as a necessary disciplinary action.

Legal analysts say the eventual decision by the Court of Appeal could set an important precedent on the limits of judicial review over parliamentary matters.

As of July 16, 2025, no date has been set for the appeal hearing. Until then, both parties remain locked in a legal and political standoff with national implications for legislative independence, gender politics, and the rule of law in Nigeria.