The Court of Appeal, Abuja Division,says the Senate has the constitutional power to discipline any erring member, affirming the suspension of the Kogi Central Senator, Natasha Akpoti-Uduaghan, by the Nigerian Senate.
The appellate court added that Akpoti-Uduaghan’s fundamental rights were not breached, contrary to her claims.
Delivering judgment in the appeal filed by the senator against an earlier ruling of the Federal High Court, Justice Abba Bello Mohammed stated that Section 66(4) of the Senate Standing Rules empowers the Senate to take disciplinary actions to ensure orderliness in its proceedings.
The court ruled that Senator Akpoti-Uduaghan acted wrongly during the February 20, 2025 plenary, when the Senate President reassigned her seat and she refused to comply.
The court further dismissed her claim that she was entitled to prior notice of the seat change, noting that there is no provision requiring advance notification.
In its unanimous decision, the Court of Appeal held that the Federal High Court ought to have declined jurisdiction, having found that the Senate acted within its rules.
The court added that the senator should have complied with the seat reallocation and that the Senate was right to invoke Order Six, Rule Two following her continued refusal to obey its directive.
The appellate court also noted that Senator Akpoti-Uduaghan’s refusal to appear before the Senate Committee on Ethics, Privileges and Public Petitions weakened her case.
It further dismissed her claim that her suspension violated an earlier court order, explaining that the order was no longer valid after Justice Obiora Egwuatu recused himself and the case was reassigned to Justice Binta Nyako.
However, the Court of Appeal faulted the contempt proceedings and the N5 million fine imposed on the senator by Justice Nyako.
According to the court, the failure to serve Forms 48 and 49 rendered the contempt charge defective, leading to the setting aside of both the contempt ruling and the fine.
