With Senator Akpoti-Uduaghan poised to reenter the Red Chamber, and no formal Senate statement yet issued, political watchers are closely monitoring whether the legislative leadership will comply with the court’s order—or resist it.
Meanwhile, legal practitioners across the country continue to debate the balance between parliamentary sovereignty and constitutional rights in Nigeria’s evolving democratic framework.
Controversial Kogi Central Senator, Natasha Akpoti-Uduaghan, is set to return to the Upper Chamber of the National Assembly on Tuesday, July 8, 2025, following a Federal High Court ruling that nullified her six-month suspension by the Nigerian Senate.
The ruling, delivered by Justice Binta Nyako on Friday, July 4, 2025, declared the suspension unlawful, excessive, and lacking legal basis. The court ordered her immediate reinstatement, sparking a heated legal and political debate over the ruling’s implications and enforcement.
Court: Suspension Unconstitutional, Excessive
Justice Nyako ruled that the Senate exceeded its powers by suspending Senator Akpoti-Uduaghan for six months. According to the judgment, neither Chapter 8 of the Senate Standing Orders nor Section 14 of the Legislative Houses (Powers and Privileges) Act stipulates a maximum period for suspension—rendering the Senate’s action “overreaching.”
The court emphasized that suspending a legislator for nearly the full legislative year (181 days) effectively silences the voice of the constituents, a move deemed unconstitutional.
“While the Senate has the authority to discipline its members, such sanctions must not go so far as to deny constituents their right to representation,” Justice Nyako stated.
However, the judge upheld Senate President Godswill Akpabio’s decision to bar Akpoti-Uduaghan from speaking during a previous plenary due to her not sitting in her designated seat, stating it did not amount to a breach of her rights.
The court imposed a financial penalty of N5million on Senator Akpoti-Uduaghan for violating a previous directive prohibiting public comments by both parties while the case was sub judice.
Legal Community Divided Over Reinstatement
In the wake of the judgment, legal opinions have diverged on whether Senator Akpoti-Uduaghan should resume her legislative duties immediately.
A letter circulating on social media allegedly from Senate counsel Paul Daudu, SAN, advised the senator to refrain from entering the Senate chamber until the enrolled court order was properly reviewed. However, Daudu has publicly disowned the letter.
“Please ignore the purported open letter to J.S. Okutepa, SAN. It is unsigned and was not authored by me,” Daudu stated on Facebook, emphasizing his commitment to confining legal arguments to the courtroom.
Dr. Jaja: Reinstatement is Self-Executing
In response, legislative law expert Dr. Tonye Clinton Jaja issued an open letter strongly disagreeing with Daudu’s position. Jaja argued that the court’s decision is self-executory and does not require additional steps for enforcement.
“The judgment of Justice Binta Nyako clearly invalidates the Senate’s suspension order. Therefore, Senator Natasha is free to resume her duties on Tuesday, July 8,” he wrote.
Dr. Jaja compared the case to earlier court rulings that overturned the suspensions of Senators Ali Ndume (2017) and Ovie Omo-Agege (2018), noting that both lawmakers resumed duties immediately without further legislative actions.
He further challenged Daudu’s interpretation of the judgment as containing mere obiter dicta (non-binding statements), citing constitutional provisions and court precedents that render unconstitutional legislative actions null and void automatically.
“Section 1(3) of the Constitution makes it clear: any law or action inconsistent with the Constitution is null and void,” Jaja asserted.
