NASS: CONSTITUTIONALITY OF NATASHA AKPOTI-UDUAGHAN’S SUSPENSION

The recent suspension of Senator Natasha Akpoti-Uduaghan by the Nigerian Senate has ignited a significant debate

concerning the constitutionality of such an action and its implications for democratic governance in Nigeria. Legal

experts and civil society organizations have criticized the suspension, labeling it unconstitutional and a violation of

both the senator’s rights and those of her constituents.

On March 6, 2025, the Nigerian Senate suspended Senator Natasha Akpoti-Uduaghan, representing Kogi Central, for

six months. The Senate’s Ethics, Privileges, and Code of Conduct Committee recommended the suspension, citing

alleged misconduct, including refusal to sit in her assigned seat, speaking without recognition, and making abusive

remarks against the Senate leadership. This decision came shortly after Akpoti-Uduaghan accused Senate President

Godswill Akpabio of sexual harassment, an allegation Akpabio has denied.

Legal experts have unanimously condemned the suspension as unconstitutional. Femi Falana, a Senior Advocate of

Nigeria (SAN), highlighted that multiple court rulings have declared legislative suspensions illegal. He referenced past

cases where the judiciary ruled against such actions, emphasizing that the Senate’s decision disregarded a valid

court order and set a dangerous precedent for legislative overreach.

Similarly, Kunle Edun, another legal expert, criticized the Senate’s action, noting that Order 67(4) of the Senate Rules

stipulates that a senator can only be suspended for a period not exceeding 14 days. He argued that suspending a

legislator translates to an unconstitutional denial of the constituents’ right to representation in Parliament.

The suspension also raises concerns about the Senate’s adherence to judicial authority. A Federal High Court in Abuja

had barred the Senate Committee on Ethics, Privileges, and Code of Conduct from proceeding with an investigation

against Akpoti-Uduaghan over alleged misconduct. Despite this, the Senate proceeded with the suspension,

prompting criticism from legal practitioners who viewed the action as lawless and unconstitutional.

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The suspension of Senator Akpoti-Uduaghan has broader implications for Nigeria’s democratic principles and the rule

of law. By sidelining an elected representative, the Senate not only undermines the will of the constituents but also

sets a concerning precedent for the treatment of dissenting voices within the legislative framework. Such actions can

erode public trust in democratic institutions and discourage active participation in governance.

In light of these developments, there have been widespread calls for the immediate reversal of Akpoti-Uduaghan’s

suspension. Advocates emphasize the need for the Senate to respect judicial rulings and uphold the rule of law to

maintain its legitimacy and the trust of the Nigerian populace. Ensuring that legislative actions align with

constitutional provisions is crucial for the health and sustainability of Nigeria’s democracy.

The suspension of Senator Natasha Akpoti-Uduaghan serves as a critical test of Nigeria’s commitment to democratic ethics and the rule of law, especially in the Senate Godswill Akpabio led 10th Senate. It underscores the necessity for legislative bodies to operate within the confines of the constitution and respect judicial authority. As Nigeria continues in the struggle of strengthening its democratic institutions, adherence to legal frameworks and the protection of individual rights remain paramount.

Destroying the fabrics of society and sacred institutions and foundations such as rule of law, for personal gain portends grave consequences for the future of this country. Whether Senate president or whoever, all are equal before the law as stipulated in the constitution of the Federal Republic of Nigeria. Not even the president is above the law, else Nigeria would be worse than North Korea or Fascist Italy.