Federal High Court nullifies six-month suspension of Senator Natasha Akpoti-Uduaghan

The Federal High Court in Abuja has delivered a landmark judgment, declaring the suspension of Senator Natasha Akpoti-Uduaghan by the Nigerian Senate as “unconstitutional and illegal”.

In a strongly worded ruling, Justice Binta Nyako ordered the immediate recall of Senator Akpoti-Uduaghan, citing the suspension as a denial of representation to her constituents in Kogi Central.

Presiding judge, Honourable Justice Binta Nyako, said the action of the Senate in barring an elected representative from performing her legislative duties without due process was not only unconstitutional but amounted to a direct attack on the sovereignty of the people who voted her into office.

Delivering judgment in suit number FHC/ABJ/CS/384/2025, Justice Nyako made it clear that no legislative chamber has the power to whimsically or arbitrarily suspend a lawmaker in a manner that robs the electorate of representation. The court held that the suspension lacked legal foundation, violated Senator Akpoti-Uduaghan’s right to a fair hearing, and was carried out without adherence to any known legislative procedure or established rules of natural justice. “Such action cannot stand in the eyes of the law,” the judge declared. “It is not just wrong; it is illegal, unjustifiable, and an affront to the democratic structure of this country.”

The court further ruled that while the Senate President has administrative authority to assign seats, that discretion does not extend to disenfranchising a duly elected senator or denying her access to the legislative floor. “Being elected to serve is not a privilege conferred by any individual senator; it is a constitutional mandate flowing from the people. No one—matter how highly placed—can arbitrarily suspend that mandate,” the court stated.

On the preliminary objections raised by the 2nd and 3rd Defendants, the court dismissed them outright, affirming that the requirement of a pre-action notice under the Legislative Houses (Powers and Privileges) Act does not apply to sitting legislators seeking to enforce their fundamental rights. The court also rejected arguments that the suit was premature, asserting that rights enforcement actions are valid even when a violation is imminent. “A person need not wait until their constitutional rights are destroyed before seeking protection,” Justice Nyako noted.

Rejecting the defence of legislative immunity and the doctrine of separation of powers, the court held that these cannot be used as a shield to perpetrate illegality. “Immunity does not license impunity,” the court ruled. “Parliamentary privilege does not exist to justify the suppression of democratic representation.”

In conclusion, the court found that the suspension imposed on Senator Akpoti-Uduaghan was not only without merit but also carried out in clear violation of her constitutional rights and the principles of representative democracy. Justice Nyako therefore ordered the senator’s immediate recall and full restoration to her legislative seat.

This ruling is seen as a bold reassertion of judicial authority and a stern warning to institutions that attempt to operate outside the law. It sends a clear message that illegality clothed in parliamentary robes will not be tolerated in a constitutional democracy.