Senate President Godswill Akpabio has filed an appeal at the Court of Appeal seeking to overturn the July 4 judgment of the Federal High Court in Abuja that ordered the recall of Senator Natasha Akpoti-Uduaghan to the Senate following her suspension.
The appeal, lodged by Akpabio’s legal team, challenges the decision of Justice Binta Nyako on multiple grounds, including jurisdiction. The Senate President contends that the court lacked authority to interfere in matters concerning the internal affairs of the National Assembly, citing Section 251 of the 1999 Constitution.
In an 11-point notice of appeal, Akpabio argued that parliamentary issues such as suspension, utterances during plenary, and Senate resolutions are protected under the Legislative Houses (Powers and Privileges) Act and are therefore beyond judicial review.
He further asserted that Akpoti-Uduaghan’s suit was premature and should have first passed through the Senate’s internal mechanisms, particularly the Committee on Ethics, Privileges, and Public Petitions, in line with the Senate Standing Orders 2023 (as amended).
Akpabio also claimed the trial court breached his right to fair hearing by raising and deciding issues that were not canvassed by the parties—specifically the duration and severity of the suspension.
The Senate President criticized the lower court for merging interim reliefs with substantive claims and failing to strike out Akpoti-Uduaghan’s suit 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 instituting legal proceedings.
Among other reliefs, Akpabio is urging the appellate court to strike out the case, nullify the High Court ruling, and dismiss what he described as “advisory opinions” given by the trial court regarding parliamentary rule changes and legislative recall processes.
The Court of Appeal is yet to fix a date for hearing.
