THE Federal High Court in Abuja has reaffirmed that the Senate holds exclusive authority over the recall and reinstatement of its suspended members, in a ruling that undermines claims by suspended Senator Natasha Akpoti-Uduaghan that she would resume legislative duties unconditionally.
Justice Binta Nyako, who presided over the matter, ruled on Friday, July 4, that while Senator Akpoti-Uduaghan has the legal right to seek redress, the Senate is under no obligation to reinstate her without adherence to its internal procedures as provided under its Standing Orders.
The court’s decision came in response to the senator’s lawsuit against the Clerk of the National Assembly, the Senate, Senate President Godswill Akpabio, and Senator Neda Imasuen, Chairman of the Committee on Ethics, Privileges and Public Petitions. She had challenged her suspension and requested a return to her legislative seat.
The CTC ruling, obtained by News Point Nigeria Friday, confirms that Senate rules supersede the Legislative Houses (Powers and Privileges) Act in internal disciplinary matters. Justice Nyako cited Section 20 of the Act and Order 6 of the Senate Rules, which gives the Senate President full authority to allocate or reallocate seats without preconditions.
“A Senator can only raise issues of privilege upon complying with Chapter 3, Order 6 of the Senate Rules,” the court ruled.
Nyako also clarified that Akpoti-Uduaghan’s failure to speak from her designated Senate seat, as mandated by the rules, bars the Senate or court from entertaining her requests.
While acknowledging that the six-month suspension may be excessive, Justice Nyako stopped short of voiding the suspension or ordering reinstatement.
“To suspend a member for 180 days is equivalent to suspending them for their entire representation term,” she noted, urging the Senate to consider a review.
However, the court made it clear that its suggestion was advisory (obiter dictum), and not a binding directive (ratio decidendi).
In legal terms, an obiter is a passing remark, not enforceable in law, while ratio decidendi forms the core of a judgment and carries the force of law.
In a more binding and consequential part of the judgment, the court found Senator Akpoti-Uduaghan guilty of contempt for violating a previous court order. Justice Nyako ruled that she must:
Pay a ₦5 million fine to the Federal Government;
Publish a formal apology in two national newspapers;
Post the apology on her verified Facebook page within seven days of the judgment.
“The Plaintiff must take responsibility for her action and remedy same,” the court held.
As of Friday, July 11, the suspended senator had not complied with this order.
The judgment has also cast doubt on the senator’s earlier declaration that she would “return to the Senate soon,” with legal experts accusing her of misrepresenting the court’s verdict.
“If the court didn’t issue a mandatory reinstatement order, and clearly stated the Senate has the power to recall or not, then Natasha’s public claim was premature, if not misleading,” said a senior legal analyst, Abdullahi Mashi.
“The court didn’t give her any enforceable relief on the suspension itself,” Barrister Fauziyya Ahmad, another expert added. “The real legal outcome was the fine and the public apology for the court not her return to the chamber.”
The Senate has remained tight-lipped about its next steps. Though the court advised that the Senate “should consider recalling” Akpoti-Uduaghan, it also reaffirmed the chamber’s autonomy, suggesting that only the Senate can decide if, when, and how she can return.
Her suspension, which followed a heated altercation on the Senate floor, was ratified after a recommendation by the Committee on Ethics. Since then, the senator has battled both in court and in the media to secure a return.
Some Legal experts have also clarified that most parts of the judgment favour the Senate, while only the contempt charge against Natasha was legally binding.
“The suggestion that the Senate should recall her is just that a suggestion. It carries no force of law,” one expert, Barrister Collins Lekue said.
“But the ₦5 million fine and public apology are ratio decidendi. That part must be obeyed, or she risks further legal consequences.”
“It appears the senator’s legal team may have leaked a selective interpretation of the ruling to the press. The real story is that she remains suspended, must apologise, and has no guaranteed path back without Senate approval.”
For now, Senator Natasha Akpoti-Uduaghan remains suspended, with no legal reinstatement granted by the court. Her next move is likely to determine whether her political future within the Senate continues or ends prematurely.
She declined comment when reached on Friday regarding her failure to comply with the contempt ruling.