Akpabio Appeals Court Ruling Ordering Natasha’s Recall

Godswill Akpabio, the Senate President, has appealed to the Court of Appeal the Federal High Court Abuja's decision to recall Senator Natasha Akpoti-Uduaghan to the Senate after her suspension.

The Senate President has filed a notice of appeal in an attempt to reverse the ruling rendered by Justice Binta Nyako on July 4.

By arguing that the case pertains to the internal operations of the National Assembly and is outside the judicial authority granted by Section 251 of the 1999 Constitution, Akpabio's legal team is opposing the High Court's jurisdiction.

The Senate President criticized the lower court in the 11-ground appeal for rejecting his preliminary objection and for making decisions that interfered with legally protected legislative procedures.

He maintained that the Legislative Houses (Powers and Privileges) Act protects matters pertaining to suspension, plenary remarks, and Senate resolutions, and that judges cannot meddle in these matters.

According to the Senate Standing Orders, 2023 (as amended), the Senate President further asserted that the lawsuit was premature and did not exhaust the Senate's internal dispute resolution procedures, specifically the Committee on Ethics, Privileges, and Public Petitions.

He further accused the trial court of violating his right to a fair trial by bringing up points that none of the parties had brought up, such as whether Akpoti-Uduaghan's suspension was unjustified.

He went on to say that the judge made a mistake by suggesting that she be recalled before providing both parties with a chance to present their arguments.

He added that the judge erred by making recommendations for her recall without giving both sides an opportunity to address the issue.

He further accused the Federal High Court of procedural irregularities by merging interlocutory reliefs sought by Akpoti-Uduaghan with her substantive claims, despite their duplication.

Additionally, he contended that her lawsuit ought to have been dismissed for violating Section 21 of the Legislative Houses Act, which mandates that the Clerk of the National Assembly be notified three months in advance of the commencement of legal proceedings.

Akpabio is requesting, among other things, that the appellate court grant the appeal and overturn the Federal High Court's decision, reject the trial court's "advisory opinions" to the Senate, particularly those pertaining to changing its rules or recalling a suspended member, strike out the redundant reliefs included in Akpoti-Uduaghan's numerous applications, and dismiss her suit for lack of jurisdiction.

Additionally, the Senate President is requesting that the court dismiss the entire case and resolve his preliminary objection by using Section 15 of the Court of Appeal Act.