The judgment in question was delivered on July 4, 2025, by Justice B.F.M. Nyako.
The Senate of the Federal Republic of Nigeria has filed a cross-appeal at the Court of Appeal in Abuja, challenging parts of a judgment delivered by the Federal High Court in a suit filed by Senator Natasha Akpoti-Uduaghan.
The judgment in question was delivered on July 4, 2025, by Justice B.F.M. Nyako.
Justice Nyako, while delivering judgement in Suit No: FHC/ABJ/CS/384/2025 held that the six-month suspension handed over to Akpoti-Uduaghan violated the Constitution and denied her constituents of adequate representation.
The court faulted the Senate's decision to suspend the senator, declaring that it was "unconstitutional and unlawful".
Justice Nyako described the duration of the suspension as unduly excessive as it deprives the people of Kogi Central of valid representation.
The judge, therefore, advised the Senate to review their rules on sanctions.
The senate, however on Thursday, July 24, filed notice of cross appeal through its Counsels led by Chikaosolu Ojukwu, SAN, Paul Babatunde Daudu, SAN, Gbenga Makonjuola Esq and Monday Adjeh, Esq. against the judgement of the lower court formulating three grounds and sought three reliefs.
The Senate's grounds of appeal include the trial court's alleged error in law when it overruled the Senate's Preliminary Objection. The objection was based on the failure of Senator Akpoti-Uduaghan to issue a pre-action notice on the office of the Clerk of the Senate, as required by Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017.
The Senate argues that the trial court misconstrued the provisions of Section 21, which mandates a pre-action notice period of at least three months before initiating legal proceedings against a legislative house.
The Senate contends that this provision applies to all individuals, including serving members of the National Assembly, and that the trial court's decision to the contrary is an error in law.
The Senate is seeking among other reliefs "an order allowing the cross-appeal; An order striking out the suit filed by Senator Akpoti-Uduaghan for want of jurisdiction; and finally any other orders deemed fit by the Court of Appeal in the circumstances of the case.
The case highlights the ongoing legal battle between the Senate and Senator Akpoti-Uduaghan, with significant implications for the interpretation of the Legislative Houses (Powers and Privileges) Act, 2017.
The appeal is coming two days after Senator Natasha attempted resumption at the National Assembly where she spoke that only the Senate President appealed her suspension not the senate.
Meanwhile, a senator who spoke to SaharaReporters faulted the Senate cross appeal, noting that it was not approved through a resolution of the Senate.
"It should be noted that this action of appeal wasn’t consented by the senate as there was no resolution from the senate to this effect neither was there an agreement of the Senate leadership," the source said.
"It was the Akpabio’s unilateral decision instructing the clerk of Senate to file an appeal."
The source further revealed that this decision was actually the cause of the rift between Senate President, Senator Akpabio and the Senate leader Opeyemi Bamidele yesterday during the close door session where Opeyemi challenged the decision to appeal accusing Akpabio of not discussing critical issues and getting the buying of the senate before taking actions.
The senator regretted that the rift between Natasha/Akpabio "has consumed the goodwill of the senate before the public," adding that Senator Opeyemi has "threatened to quit his position if Akpabio continues to act autocratically."