Legal Battle Escalates Over Legislative Autonomy vs. Judicial Oversight
Senate President Godswill Akpabio has filed an appeal challenging the Federal High Court’s July 4 ruling that ordered the reinstatement of suspended Senator Natasha Akpoti-Uduaghan (PDP, Kogi Central).
The appeal, lodged at the Court of Appeal in Abuja, contends that Justice Binta Nyako’s judgment violated constitutional provisions protecting legislative independence.
Key Grounds of Appeal
Akpabio’s legal team argues that the Federal High Court overstepped its jurisdiction by intervening in the Senate’s internal affairs, citing Section 251 of the 1999 Constitution and the Legislative Houses (Powers and Privileges) Act. The 11-ground appeal asserts that:
Parliamentary Immunity: Matters of suspension and plenary proceedings are shielded from judicial review.
Premature Litigation: Akpoti-Uduaghan allegedly bypassed the Senate’s internal grievance mechanisms, including the Ethics Committee, before approaching the court.
Procedural Flaws: The suit purportedly failed to comply with the mandatory three-month notice to the National Assembly Clerk under Section 21 of the Legislative Houses Act.
Fair Hearing Concerns: Justice Nyako reportedly raised issues unargued by parties, such as the “excessiveness” of the suspension, without inviting submissions.
Controversial Ruling Under Scrutiny
The Senate President criticized the lower court for merging interlocutory and substantive reliefs, creating duplication, and for issuing “advisory opinions” on Senate rules. He seeks the appellate court’s intervention to:
- Set aside the judgment for lack of jurisdiction.
- Strike out duplicated reliefs in Akpoti-Uduaghan’s applications.
- Dismiss the suit entirely and uphold legislative autonomy.
Broader Implications
The case tests the balance between judicial oversight and legislative self-governance. Akpabio’s appeal emphasizes that the Senate’s disciplinary actions—including Akpoti-Uduaghan’s suspension over undisclosed infractions—are constitutionally insulated from external interference.
Next Steps
The Court of Appeal’s decision could set a precedent for future clashes between the judiciary and legislature. Observers note that Akpoti-Uduaghan, a vocal critic of the Kogi State government, has faced political turbulence since her 2023 election victory was contested up to the Supreme Court.
As legal tensions escalate, the outcome may redefine the boundaries of Nigeria’s separation of powers doctrine.
