By Uche Onyeali
Court of Appeal in Abuja yesterday affirmed the suspension of the Senator repressing Kogi Central, Natasha Akpoti-Uduaghan by the Senate.
The appellate court held that the Senate had powers to discipline any erring member, noting that in the instant case, Akpoti-Uduaghan`s fundamental right was never breached as she alleged.
Delivering judgement in an appeal filed by Senator Akpoti-Uduaghan against the judgement of the Federal High Court, Justice Abba Mohammed held that from the provision of Section 66(4) of the Senate’s standing rules, it has the power to invoke disciplinary action to ensure orderliness in the conduct of its proceedings.
The appellate court held that Akpoti-Uduaghan was wrong on the February 20, 2025 incident when the Senate president allocated a new seat to her and she refused to accept the order.
The court also held that the senator’s claim that she was not given prior notice on the change of seat was unattainable, because there was no provision for prior notification as she claimed.
In the unanimous judgement, Justice Mohammed said the Federal High Court, in the first instance, ought to have declined jurisdiction in entertaining the suit, having discovered that the Senate acted in line with the provision that permits it to suspend any erring member.
The Appeal Court said Senator Akpoti-Uduaghan, upon being told of the re-allocation of seat, ought to have moved to the new seat, adding that the Senate was right to enforce order six, rule two, following her persistent refusal to obey the order.
It also held that the refusal of the Kogi Central senator to appear before the Senate Committee on Ethics, Petition and Privileges did not help her matter.
Similarly, the court also dismissed Akpoti-Uduagjan’s claim that her suspension was carried out in violation of an order by Justice Obiora Egwuatu, adding that since Justice Egwuatu recused himself and the matter started afresh by Justice Binta Nyako, the order of Justice Egwuatu was no longer subsisting.
However, it faulted the contempt charge against the senator and the N5 million fine imposed on her by Justice Nyako.
According to the Court of Appeal, the failure by the trial court to serve Forms 48 and 49 on the Kogi senator was fatal.
It, therefore, set aside the contempt proceedings and the N5 million fine imposed on her.
