Senate President Godswill Akpabio has challenged the Federal High Court’s order for the recall of Senator Natasha Akpoti-Uduaghan to the Senate following her suspension.
Akpabio filed a notice of appeal at the Abuja Division of the Court of Appeal on July 14, 2025, seeking to overturn Justice Binta Nyako’s July 4 judgment, which had deemed Akpoti-Uduaghan’s six-month suspension “excessive” and lacking legal justification.
The appeal, marked CA/A//2025, stems from suit number FHC/ABJ/CS/384/2025, filed by Senator Akpoti-Uduaghan to contest her suspension from the Red Chamber.
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Akpabio’s legal team is primarily contesting the High Court’s jurisdiction, arguing that the matter pertains to the internal affairs of the National Assembly and falls outside judicial purview, as protected under Section 251 of the 1999 Constitution.
In his 11-ground appeal, Akpabio criticized the lower court for dismissing his preliminary objection and for issuing orders that affect parliamentary procedures.
He asserted that issues concerning suspension, statements made during plenary, and Senate resolutions are safeguarded by the Legislative Houses (Powers and Privileges) Act and should not be subject to judicial interference.
The Senate President further claimed that Akpoti-Uduaghan’s lawsuit was premature because it did not exhaust the Senate’s internal dispute resolution mechanisms, specifically the Committee on Ethics, Privileges, and Public Petitions, as mandated by the Senate Standing Orders, 2023 (as amended).
He also accused the trial court of breaching his right to a fair hearing by raising issues not argued by either party, such as whether Akpoti-Uduaghan’s suspension was excessive, without allowing both sides to address them.
Additionally, Akpabio alleged procedural irregularities by the Federal High Court, stating that it improperly merged interlocutory reliefs with substantive claims despite their duplication.
He also argued that Akpoti-Uduaghan’s suit should have been dismissed for failing to comply with Section 21 of the Legislative Houses Act, which requires a three-month notice to be served on the Clerk of the National Assembly before initiating legal action.
Among other requests, Akpabio is urging the appellate court to:
- Allow the appeal and set aside the Federal High Court’s judgment.
- Strike out the duplicated reliefs in Akpoti-Uduaghan’s multiple applications.
- Dismiss her suit for lack of jurisdiction.
- Reject what he termed the trial court’s “advisory opinions” to the Senate, particularly those related to amending its rules or recalling a suspended member.
The former Akwa Ibom State governor is also asking the court to invoke Section 15 of the Court of Appeal Act to resolve his preliminary objection and dismiss the entire case.
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