Senate President Godswill Akpabio has lodged an appeal with the Court of Appeal, challenging the Federal High Court in Abuja’s recent ruling that mandated the recall of Senator Natasha Akpoti-Uduaghan following her suspension.
In his notice of appeal, Akpabio aims to overturn Justice Binta Nyako’s judgment delivered on July 4.
Akpabio’s legal team is arguing that the High Court lacked jurisdiction, insisting that the matter falls within the National Assembly’s internal affairs and is therefore outside judicial purview, as per Section 251 of the 1999 Constitution.
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In the 11-ground appeal, the Senate President contended that the lower court erred by dismissing his preliminary objection and by issuing orders that infringe upon parliamentary procedures protected by law.
He asserted that issues concerning a senator’s suspension, statements made during plenary sessions, and Senate resolutions are safeguarded by the Legislative Houses (Powers and Privileges) Act and should not be subject to judicial interference.
Akpabio further claimed that Senator Akpoti-Uduaghan’s lawsuit was premature, as it did not exhaust the Senate’s internal dispute resolution channels, specifically the Committee on Ethics, Privileges, and Public Petitions, as outlined in the Senate Standing Orders, 2023 (as amended).
He also accused the trial court of violating his right to a fair hearing by raising issues not presented by either party, such as whether Akpoti-Uduaghan’s suspension was excessive, without allowing both sides to address the matter.
Additionally, Akpabio alleged that the Federal High Court committed procedural irregularities by combining interlocutory reliefs sought by Akpoti-Uduaghan with her substantive claims, despite their redundancy.
He also argued that her suit should have been dismissed for failing to comply with Section 21 of the Legislative Houses Act, which mandates a three-month notice to 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 redundant reliefs in Akpoti-Uduaghan’s multiple applications.
- Dismiss her suit due to lack of jurisdiction.
- Reject what he termed the trial court’s “advisory opinions” to the Senate, particularly those relating to amending its rules or recalling a suspended member.
The Senate President is also asking the Court of Appeal to invoke Section 15 of the Court of Appeal Act to resolve his preliminary objection and dismiss the entire case.
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