Akpabio challenges court order recalling suspended Senator Akpoti-Uduaghan, claiming judicial overreach and procedural breaches by the Federal High Court

Akpabio challenges court order recalling Senator Natasha Akpoti-Uduaghan to the Senate, in a move that could redefine the boundaries between judicial intervention and legislative autonomy in Nigeria.

Also read: Natasha’s Senate suspension drama deepens as NASS awaits court-mandated apology

The Senate President, Godswill Akpabio, has filed a notice of appeal at the Court of Appeal in Abuja to overturn the judgement of the Federal High Court, which had nullified Akpoti-Uduaghan’s suspension.

The appeal, dated 14 July 2025 and obtained by SaharaReporters, originates from suit number FHC/ABJ/CS/384/2025.

Akpoti-Uduaghan had brought the suit challenging her six-month suspension, which the court deemed “excessive” and lacking legal justification.

Akpabio’s legal team is challenging the ruling on 11 grounds. Central to their case is the argument that the trial court, presided over by Justice Binta Nyako, exceeded its jurisdiction.

Akpabio claims the matter relates to internal legislative procedures and falls beyond the scope of judicial adjudication under Section 251 of the 1999 Constitution.

The notice of appeal insists that the court had no power to determine the rights and privileges of a sitting senator, as such matters are governed by the internal rules of the National Assembly.

Akpabio’s team also contests the dismissal of his preliminary objection and the court’s recommendation for Akpoti-Uduaghan’s recall.

“The trial court went beyond its constitutional powers by offering what they describe as advisory opinions to the Senate on how it should handle the recall,” the notice states.

The Senate President further claims that Akpoti-Uduaghan filed her case prematurely and failed to exhaust internal mechanisms of the Senate, particularly the Committee on Ethics, Privileges and Public Petitions.

The trial court went beyond its constitutional powers by offering what they describe as advisory opinions to the Senate on how it should handle the recall.

He argues that this violated the Senate Standing Orders 2023 (as amended).

Akpabio also invokes the Legislative Houses (Powers and Privileges) Act, asserting that actions taken during plenary sessions, such as suspensions, are shielded from external judicial review.

According to him, Akpoti-Uduaghan’s grievance arose from words spoken during plenary and resolutions passed, both of which are protected under the Act.

In addition, the notice of appeal alleges procedural flaws in the lower court’s handling of interlocutory and substantive reliefs.

Akpabio claims that the trial judge merged duplicated reliefs and failed to sanction Akpoti-Uduaghan for violating an earlier court order restraining public comment on the matter.

Another point raised is that the senator failed to serve the required three-month pre-action notice under Section 21 of the Legislative Houses (Powers and Privileges) Act.

The notice must be served on the Clerk of the National Assembly, outlining the cause of action and reliefs sought.

In his reliefs, Akpabio seeks to have the appeal allowed, the judgment set aside, and Akpoti-Uduaghan’s case struck out for lack of jurisdiction.

He is also asking the appellate court to invoke Section 15 of the Court of Appeal Act to dismiss the original suit outright.

If successful, the appeal will not only reverse Akpoti-Uduaghan’s reinstatement but could also reinforce legislative independence from judicial oversight.

The case is being closely watched amid growing concerns over the balance of power between Nigeria’s judiciary and legislature.

Also read: Court declares Senator Natasha suspension illegal, excessive

As Akpabio challenges court order before the Court of Appeal, the unfolding legal battle raises critical constitutional questions on separation of powers, fair hearing, and legislative immunity—issues that may reshape future parliamentary disputes.