The President of the Senate, Godswill Akpabio, has approached the Court of Appeal, challenging the ruling of the Federal High Court Abuja, which directed the recall of Senator Natasha Akpoti-Uduaghan to the Senate following her suspension.
In a notice of appeal, the Senate President is seeking to overturn the July 4 judgment delivered by Justice Binta Nyako.
Akpabio’s legal team is contesting the High Court’s jurisdiction, insisting the matter concerns the internal affairs of the National Assembly and falls outside judicial purview as provided under Section 251 of the 1999 Constitution.
In the 11-ground appeal, the senate President faulted the lower court for dismissing his preliminary objection and for issuing orders affecting parliamentary procedures protected by law.
He argued that issues related to suspension, words spoken during plenary, and Senate resolutions are safeguarded under the Legislative Houses (Powers and Privileges) Act and cannot be subjected to judicial interference.
The Senate President further claimed that the suit was premature and did not exhaust the internal dispute resolution channels of the Senate, particularly the Committee on Ethics, Privileges and Public Petitions, as prescribed in the Senate Standing Orders, 2023 (as amended).
He also faulted the trial court for allegedly breaching his right to a fair hearing by raising issues not argued by any of the parties, including the question of whether Akpoti-Uduaghan’s suspension was excessive.
He added that the judge erred by making recommendations for her recall without giving both sides an opportunity to address the issue.
He further accused the Federal High Court of procedural irregularities by merging interlocutory reliefs sought by Akpoti-Uduaghan with her substantive claims, despite their duplication.
He also argued that her suit should have been struck out 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 reliefs, Akpabio is urging the appellate court to allow the appeal and set aside the judgment of the Federal High Court, strike out the duplicated reliefs contained in Akpoti-Uduaghan’s multiple applications, dismiss her suit for lack of jurisdiction and reject what he termed the trial court’s “advisory opinions” to the Senate, especially those relating to amending its rules or recalling a suspended member.
The President of the Senate 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.
