Court affirms senate’s disciplinary powers in Natasha Akpoti, Akpabio dispute

Binta Nyako, a judge at the federal high court in Abuja, has affirmed the powers of the senate to punish members found guilty of misconduct.

Nyako spoke on Friday while delivering judgment in a suit filed by Natasha Akpoti Uduaghan, senator representing Kogi central, to stop the senate committee on ethics and public petitions from instituting disciplinary proceedings against her.

The judge held that the privileges of a lawmaker are subject to the provisions of the senate rules. 

She held that the senate president has the power to change the seating arrangements of lawmakers, adding that Godswill Akpabio was justified in refusing Akpoti-Uduaghan a chance to speak during plenary, as she was not seated in her officially assigned position at the time.

However, the court faulted the duration of the plaintiff’s suspension describing it as “overreaching” and “excessive”.

The judge said the relevant laws of the senate did not define the maximum duration for which a serving lawmaker can be suspended from office.

She held that since lawmakers are constitutionally required to sit for a total of 181 days in each legislative session, the six-month suspension imposed on Akpoti-Uduaghan effectively stripped her of the opportunity to carry out her legislative duties for nearly the entire session.

This, the court noted, amounted to denying her constituents their right to representation.

“A senator is expected to represent her people,” the judge stated.

“I am of the view that the senate has the power to amend that rule,” Nyako said, adding that the senate “can and should” reconsider recalling the plaintiff back to office.

BACKGROUND

The suit marked FHC/ABJ/CS/384/2025 was filed by Akpoti-Uduaghan against the clerk of the national assembly, the senate, the senate president, and Neda Imasuem, chairman of the senate committee on ethics, privileges, and code of conduct.

On March 4, Obiora Egwatu, the presiding judge, issued an order restraining the senate from commencing disciplinary proceedings against Akpoti-Uduaghan following an ex parte application filed by counsel to the senator.

The judge ruled that the defendants must appear and show cause within 72 hours, upon service of the order, why an interlocutory injunction should not be issued against them.

Two days after the judgment, the senate suspended the Kogi senator for six months over alleged gross misconduct. The decision followed the adoption of the report by the committee on ethics, privileges and public petitions.

On March 19, Egwuatu vacated his March 4 order restraining the senate from suspending the Kogi senator.

At the resumed court session on March 25, Egwuatu announced his decision to recuse himself from the case after taking the appearance of lawyers for the parties in the suit.

Egwuatu disclosed that his decision was because of an allegation of bias against him by Akpabio.

He ordered that the case file be transferred to John Tsoho, the chief judge of the federal high court, for reassignment. The case was then reassigned to Nyako.