Delivering judgment on Friday, Justice Binta Nyako ruled that the Senate’s decision to suspend Senator Akpoti-Uduaghan for six months was “excessive” and infringed upon her constituents’ right to representation.
The court also invalidated certain sections of the Senate’s internal rules and a portion of the Legislative Houses (Powers and Privileges) Act. Specifically, Chapter 8 of the Senate Standing Rules and Section 14 of the said Act were described as “overreaching” and legally deficient for failing to define a clear upper limit for suspending a sitting lawmaker.
Justice Nyako noted that Nigeria’s National Assembly is constitutionally expected to sit for 181 days within a legislative session. Hence, suspending a senator for six months, essentially 180 days, amounted to stripping an entire senatorial district of its voice in governance.
While the judge affirmed that the Senate has authority to discipline its members, she emphasized that punitive measures must not be so severe as to deprive constituents of fair representation. "Such sanction must not be excessive," she ruled.
In a related ruling, the court rejected an argument by Senate President Godswill Akpabio, who contended that the case was an internal legislative affair and beyond judicial scrutiny. Justice Nyako dismissed the claim and affirmed the court's jurisdiction.
However, the court ruled in Akpabio’s favour on another front—stating that he was not in error for refusing Senator Akpoti-Uduaghan the floor during plenary, as she was not seated in her assigned location at the time.
Despite granting her relief on the suspension, the court penalised Senator Akpoti-Uduaghan with a fine (undisclosed in the report) for breaching an earlier court directive that barred all parties from making public comments about the ongoing legal matter. She has been ordered to publish a formal apology in two national newspapers within seven days.
Senator Natasha Akpoti-Uduaghan’s suspension had drawn widespread criticism when it was first announced, with several civil society groups and legal observers questioning its legality and proportionality. Today's ruling is expected to reignite discussions on the limits of legislative immunity and internal parliamentary discipline in Nigeria.
0 Comments