Senate President Godswill Akpabio has filed an appeal at the Court of Appeal, Abuja, seeking to overturn the recent judgment of the Federal High Court, which ordered the recall of Senator Natasha Akpoti-Uduaghan to the Senate following her suspension.
In a notice of appeal lodged by his legal team, Akpabio is challenging the July 4 ruling delivered by Justice Binta Nyako, which declared the suspension unlawful and directed the immediate reinstatement of Akpoti-Uduaghan as the Senator representing Kogi Central Senatorial District.
The Senate President is raising 11 grounds of appeal, primarily challenging the jurisdiction of the Federal High Court. In his notice of appeal, Akpabio contends that the Federal High Court lacked the jurisdiction to interfere in what he describes as internal matters of the National Assembly. He argues that issues concerning suspension, Senate deliberations, and resolutions fall squarely within the legislative domain and are therefore insulated from judicial scrutiny under Section 251 of the 1999 Constitution. His legal team maintains that the trial court’s intervention contravenes the doctrine of separation of powers, which prohibits the judiciary from meddling in parliamentary affairs.
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Akpabio is also faulting the trial court for dismissing his preliminary objection and for issuing directives that, according to him, encroach on parliamentary procedures safeguarded by the Legislative Houses (Powers and Privileges) Act. He further claims that the matter brought before the court was premature and failed to follow the Senate’s internal dispute resolution mechanisms, particularly through the Committee on Ethics, Privileges and Public Petitions, as outlined in the Senate Standing Orders, 2023.
“The matters raised in the suit—including suspension, words spoken in plenary, and internal resolutions—are constitutionally and legally protected from judicial intervention,” the notice reads.
The Senate President accuses the Federal High Court of breaching his right to a fair hearing by introducing and ruling on issues that were never argued by either party. He specifically takes issue with the court’s comments on whether the suspension of Akpoti-Uduaghan was excessive, a matter he says was neither raised nor debated during the proceedings. He also alleges that the court committed procedural errors by merging temporary reliefs sought by the plaintiff with her main claims, which he believes led to a duplication of requests.
In addition, Akpabio argues that Akpoti-Uduaghan’s suit should have been dismissed for non-compliance with Section 21 of the Legislative Houses Act, which requires that a three-month notice be served on the Clerk of the National Assembly before any legal action is initiated.
The Senate President accuses the Federal High Court of breaching his right to a fair hearing by introducing and ruling on issues that were never argued by either party. He specifically takes issue with the court’s comments on whether the suspension of Akpoti-Uduaghan was excessive, a matter he says was neither raised nor debated during the proceedings. He also alleges that the court committed procedural errors by merging temporary reliefs sought by the plaintiff with her main claims, which he believes led to a duplication of requests.
In addition, Akpabio argues that Akpoti-Uduaghan’s suit should have been dismissed for non-compliance with Section 21 of the Legislative Houses Act, which requires that a three-month notice be served on the Clerk of the National Assembly before any legal action is initiated.
The Senate President is now urging the appellate court to set aside the lower court’s judgment, strike out the alleged duplicated claims, and dismiss the entire suit. He is also asking the court to reject what he describes as the trial court’s advisory opinions to the Senate on internal reforms and the recall process, which he believes undermine legislative independence. Citing Section 15 of the Court of Appeal Act, Akpabio is calling on the court to resolve the case at the appellate level without sending it back to the Federal High Court.
The case is expected to reignite legal debate over the limits of judicial oversight in legislative affairs and could have far-reaching implications for the balance of power among Nigeria’s three arms of government