Senate President Godswill Akpabio has filed an appeal at the Court of Appeal, seeking to overturn the judgment of the Federal High Court in Abuja, which ordered the recall of Senator Natasha Akpoti-Uduaghan to the Senate following her suspension.
In the notice of appeal, Akpabio is challenging the July 4 ruling delivered by Justice Binta Nyako. His legal team contends that the Federal High Court lacked the jurisdiction to entertain the matter, arguing that it pertains to the internal affairs of the National Assembly and falls outside the scope of judicial intervention as outlined in Section 251 of the 1999 Constitution.
The Senate President raised 11 grounds of appeal, faulting the lower court for dismissing his preliminary objection and issuing directives that interfere with parliamentary procedures protected under the law. He argued that matters relating to suspension, statements made during plenary sessions, and Senate resolutions are covered by the Legislative Houses (Powers and Privileges) Act and are therefore immune from judicial review.
Akpabio further claimed that the suit was premature, as it bypassed the internal dispute resolution mechanisms of the Senate, particularly the Committee on Ethics, Privileges and Public Petitions, as provided in the Senate Standing Orders, 2023 (as amended).
He also alleged that the trial court violated his right to fair hearing by addressing issues not raised by either party specifically, the question of whether Akpoti-Uduaghan’s suspension was excessive. He maintained that the judge erred by making recommendations for her recall without giving both parties the opportunity to address the matter.
Additionally, Akpabio accused the Federal High Court of procedural errors, citing the consolidation of Akpoti-Uduaghan’s interlocutory applications with her substantive claims, which he said were repetitive. He further argued that the case should have been struck out for non-compliance with Section 21 of the Legislative Houses Act, which mandates a three-month notice to the Clerk of the National Assembly before initiating legal proceedings.
Among other reliefs, Akpabio is urging the Court of Appeal to set aside the Federal High Court’s judgment, strike out the duplicated reliefs in Akpoti-Uduaghan’s suit, and dismiss the case for lack of jurisdiction. He also seeks to invalidate what he describes as “advisory opinions” issued by the trial court, particularly those relating to amendments of Senate rules or the recall of a suspended member.
Akpabio is asking the appellate court to invoke Section 15 of the Court of Appeal Act to resolve his preliminary objection and dismiss the case in its entirety.
