In a landmark ruling that reaffirms the constitutional rights of elected representatives and their constituents, the Federal High Court in Abuja has declared the six-month suspension of Senator Natasha Akpoti-Uduaghan as “excessive and unconstitutional”, ordering her immediate reinstatement and directing the Nigerian Senate to review its internal disciplinary procedures.
Justice Binta Nyako, delivering the judgment, faulted Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act, describing both as “overreaching” and lacking clear limitations on the duration of legislative suspensions.
“Lawmakers are constitutionally required to sit for 181 days in a legislative year. Suspending a senator for six months effectively denies constituents their right to representation,” Justice Nyako stated.
The court emphasized that while the Senate retains the authority to discipline its members, such actions must be proportional and not infringe upon democratic principles. The ruling further clarified that internal legislative procedures cannot override constitutional guarantees.
In addition to ordering Senator Akpoti-Uduaghan’s recall, the court instructed her to publish a formal apology in two national newspapers within seven days. However, the court upheld Senate President Godswill Akpabio’s decision to deny her the floor during plenary, citing procedural grounds related to her seating position.
This decision is expected to prompt a broader review of disciplinary practices within Nigeria’s legislative bodies and sets a precedent for judicial oversight in matters where internal parliamentary actions may conflict with constitutional rights.