Senator Natasha Akpoti-Uduaghan has formally filed a notice of appeal at the Court of Appeal, Abuja Judicial Division, challenging the July 4, 2025 judgment of the Federal High Court in Suit No. FHC/ABJ/CS/384/2025.
The senator contests the court’s ruling on her six-month suspension by the Senate, a ₦5 million contempt fine, and other procedural matters, alleging violations of her constitutional right to a fair hearing.
The dispute dates back to February 20, 2025, when during a Senate plenary session, Senator Akpoti-Uduaghan was accused of defying the Senate President’s directive on seat re-allocation. Without giving her a chance to respond, the matter was referred to the Senate Committee on Ethics, Privileges, and Public Petitions on February 25, 2025. The senator argued that this referral contravened Order 64(4) of the 2023 Senate Standing Orders, which require such issues to be resolved in plenary chambers.
On March 3, 2025, she filed an originating summons at the Federal High Court seeking to restrain the committee’s investigation and uphold her right to a fair hearing under Section 36 of the 1999 Constitution. The following day, Justice Egwuatu granted an interim order barring the Senate from proceeding with the probe pending a hearing within 72 hours. Nevertheless, the Senate suspended her for six months on March 6, prompting her to file for a mandatory injunction to reverse the suspension.
Presided over by Justice Binta Nyako, the trial concluded with the July 4 judgment partially siding with Senator Akpoti-Uduaghan, declaring the suspension unconstitutional and ordering her reinstatement. However, the court also found her guilty of contempt over a satirical Facebook post dated April 27, 2025, imposing a ₦5 million fine and mandating public apologies in two national newspapers and on her social media accounts.
Grounds of Appeal
The appeal, managed by a legal team led by Prof. Roland Otaru, SAN, and Michael Jonathan Numa, SAN, outlines 29 grounds of challenge, including:
Violation of Fair Hearing: Senator Akpoti-Uduaghan argues the Senate President acted as “complainant, judge, and jury,” and the trial court erred in not fully nullifying the suspension despite recognizing it as excessive.
Improper Contempt Proceedings: The appeal contends the ₦5 million contempt fine was procedurally flawed, lacking formal charges and due process as required by the Sheriffs and Civil Process Act. The Facebook post was unrelated to the suit’s subject matter, making the contempt ruling invalid.
Misapplication of Parliamentary Privilege: The trial court’s interpretation that parliamentary privilege applies only during Senate sessions is disputed, citing Senate Standing Orders that allow privilege claims anytime.
Excessive Suspension: The appeal highlights that Order 64(4) limits suspensions to 14 days, rendering the six-month suspension ultra vires. The court’s failure to explicitly invalidate the suspension is deemed erroneous.
Disregard of Court Orders: The Senate’s suspension of the senator despite the interim court order is argued to be a violation of the doctrine of lis pendens (pending litigation).
Judicial Misconduct: The appeal alleges the trial judge introduced extraneous content after judgment delivery, contravening constitutional timelines and causing inconsistencies.
Reliefs Sought
Senator Akpoti-Uduaghan seeks from the Court of Appeal:
To set aside the Federal High Court judgment.
To declare the trial court was obligated to enforce the interim order preserving the status quo.
To nullify the contempt fine and public apology orders.
To declare the Senate’s referral and suspension unlawful.
To grant all other reliefs from her motions filed earlier.
SEN. NATASHA V. THE CLERK – NOTICE OF APPEAL
The case, managed by M.J. Numa & Partners LLP, could set a significant precedent shaping future Senate conduct and the judiciary’s approach to contempt matters in Nigeria
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