₦airaland Forum

The recent filing of a Notice of Appeal by Senator Natasha Akpoti-Uduaghan’s legal team has now vindicated my position and that of all those who have maintained that the judgment of Hon. Justice Binta Nyako did not contain a mandatory order directing the Senate to recall her before the expiration of her six-month suspension.

In the Notice of Appeal, which contains thirty grounds and seeks to set aside the judgment of the Federal High Court, Ground 23 is particularly striking and revealing. It reads:

“The Learned Trial Judge erred in law and abdicated her judicial duty when Her Ladyship, after rightly adjudging the Appellant’s suspension by the 2nd Respondent for a period of six months as excessive, outside the contemplation of the Constitution and the enabling Act, as well as ultra vires Section 63 of the Constitution, failed to expressly make a clear pronouncement setting aside and/or nullifying same accordingly.”

The particulars of this ground further assert:

1. The trial judge found the suspension excessive and contrary to the spirit of the Constitution;

2. Nevertheless, the judge merely believed that the Senate should recall the appellant;

3. The language employed did not constitute an express or binding nullification of the suspension;

4. The absence of a clear and direct order created confusion, as reflected in the enrolled order;

5. The judge’s failure to nullify the suspension expressly has led to multiple interpretations.

This single ground of appeal confirms what we have consistently argued: there was no binding, enforceable order mandating Senator Natasha Akpoti-Uduaghan’s return to the Senate before her suspension elapsed. If such an order existed, there would have been no need to appeal this specific point.

The Senate of the Federal Republic of Nigeria, in exercising its disciplinary powers, acted within the limits of its constitutional and statutory authority. It did not breach any law or violate any rights in sanctioning a member whose conduct on the floor was unworthy of parliamentary decorum. The Senate Chamber is not a theatre for disorder, nor should it be a platform for members to hurl discourtesies at the presiding officer or other colleagues.

Furthermore, Senator Natasha’s dramatized attempt to re-enter the Senate complex, accompanied by a hired crowd and media entourage, was nothing short of a carefully staged spectacle aimed at generating online content for her army of bloggers. It was not about justice, it was about virality.

Her actions, unsanctioned, disorderly, and self-aggrandizing, are unbecoming of the office she holds. They constitute not only a flagrant disregard for institutional discipline but also a fresh insult to the very chamber she claims to respect. Indeed, her conduct could merit another round of disciplinary action.

Let discerning Nigerians note this: the judicial process must be respected in its entirety, not selectively exploited for media sympathy. The appeal filed by Senator Natasha herself has exposed the truth and reaffirmed the position that the Senate has acted within the law.

We were right yesterday, and we are right today. The Senate owes no duty to enforce a non-existent order.



Dayo Fdugba, lawyer and Policy Analyst writes from Abuja

sparko1:
Read the last two paragraphs and stop confusing yourself.

That I find it excessive - opinion
That in my opinion, this part is clear
That the Senate has the power to recall - opinion

If a person is arrested and locked up, some of his fundamental rights is suspended, just as a suspended senator can't have same rights as every other senator, she was suspended for a reason.

The issue here is, the court should have invalidated the reason for her suspension, that judgement would have been a different story, this one is just an advice, can't be enforced.

greggng:
Some of us don't understand the law . Any law that runs contrary to our constitution is considered null.and void . Recall the judge was able to state clearly that 6months suspension runs contrary to not only the Senate rules but also against out constitution..To that extent compliance might not be achievable ...You cannot give what you don't have. The Senate has made a mistake in suspending her for 6months ...They shoukd swallow there ego and do the right thing by allowing her do her duties . Already she has been fined for speaking about the matter on her Facebook...which court called contempt...

The danger in not calling her back means anybody can now use an arm of government to punish those he or she doesn't agree with . This is new to out constitution....They were sent there to make laws that impact meaningfully to our country ...not to use the instrument of power as political tool to intimidate others

bolaayenimo:
Welcome development. The north can't eat their cake and have it at the same time

Maxymilliano:
So Dangote can't distribute his own product?

blowjohn:
It's not a new ICC

ERockson:
Ok na. Wike is waiting for you guys

ddippset:
You quoted constitution the last time.
So I ask again,
"where in the constitution did Tinubu derive the power to remove a democratically elected governor? Just point at the section.

2. Is it constitutional for the Senate and Reps to apply a voice vote to determine two-thirds majority on a constitutional subject?
Is it constitutional?
Is it even logical to a child in secondary school?

3. What right does the NJC have to remove the CJ of Rivers State, without him being accused on any wrong doing?
Are they going to do Wike's bidding and put up some trumped up charges?

What's the matter with you?

If you have no valid argument why not just give it up?
You're just typing things you imagine would be major constitutional infractions just because you believe Tinubu will do everything to please Wike and remove Fubara by hook or by crook.

moodyguy:
Without him licking Tinubus ass he is nothing

moodyguy:
Its beacos of Tinubu that he is relevant

Yorubaboon:
Keep crying, you peeps always learn from Igbos.. You can go and hug transformer.

Port8080:
She might end of pleading for settlement, since she couldn't successfully blackmail Akpabio into resignation.

moodyguy:
Wike is Nothing without Tilubu

REDshouse:
Atiku is not pdp and pdp not atiku QED

Atiku is an Imported Nigeria from Dubai whoose only mission is contest Presidential Election and after that he return back to base in Dubai until next election period repeat same circle again and again till fade...