Legal experts have queried the Nigerian Senate’s action to suspend Senator Natasha Akpoti-Uduaghan (PDP, Kogi
Central) for six months, over alleged disrespect for the Senate’s rule.
According to them, the action of the senate was illegal, unconstitutional, and a violation of her fundamental rights.
The attorneys contend that the suspension created a dangerous precedent for legislative excess and ignored a
legitimate court ruling.
The suspension was made public on Thursday, one day after the Senate Committee on Ethics, Privileges, and Code of
Conduct was prohibited from conducting an inquiry into Akpoti-Uduaghan’s alleged misbehaviour by Justice Obiora
Egwuatu of the Federal High Court in Abuja. The Senate proceeded with the suspension despite the court’s instruction
to provide a 72-hour justification for its investigation.
A Senior Advocate of Nigeria (SAN), Kunle Edun, described the action as a clear violation of the law, noting that
legislative suspensions cannot override constitutional rights. He stated: “I do not agree with the suspension of
Senator Akpoti-Uduaghan. The suspension was an aberration by a Senate that ought to know better. Order 67(4) of
the Senate Rules states that a senator can only be suspended for a period not exceeding 14 days. This provision,
which is unconstitutional, was breached by the same Senate.”
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“The fact that the matter is in court makes it sub judice. The Ethics Committee cannot, on one hand, admit that the
subject matter of her petition is sub judice and then, on the other hand, contradict that position by suspending her in
relation to the same matter or a similar matter that is before the court.“
“The contention that the court lacks the power to interfere in legislative affairs due to the principle of separation of
powers does not justify the Senate’s decision to disregard an interim court order.
“All the reasons the Senate may have had for disobeying the court order should have been presented in court as a
basis to set aside the interim injunction. It is lawless for a legislature to disobey a court order, whether they consider it
valid or not.
“Senator Akpoti-Uduaghan rightly refused to appear before the Ethics Committee in light of the court’s order. The
Senate was wrong to proceed with the hearing despite the court order. This was sheer legislative rascality.”
Deji Adeyanju, another attorney and activist, denounced the Senate’s action as a betrayal of democratic values. In
addition to being unlawful, he pointed out that the suspension was a clear attempt to silence Akpoti-Uduaghan, who
was petitioning Senate President Godswill Akpabio over claims of sexual harassment.
“I am deeply saddened by the illegal suspension of Senator Akpoti-Uduaghan by the Nigerian Senate. This act is not
only a blatant violation of her rights but also an affront to the very foundation of democracy and transparency that our
nation claims to uphold,” Adeyanju said.
