Akpoti-Uduaghan’s Suspension: Akpabio asks Supreme Court to intervene in Appeal Court’s hearing
Senate President Godswill Akpabio has submitted an appeal to the Supreme Court to contest a Court of Appeal ruling concerning the suspension of Kogi Central Senator Natasha Akpoti-Uduaghan.
This appeal arises from decisions made by the Abuja Division of the Court of Appeal on November 28, which dismissed Mr. Akpabio’s argument brief and proceeded to hear Mrs. Akpoti-Uduaghan’s appeal in relation to the case.
The matter was highly controversial at the Federal High Court, particularly regarding its origin, leading to appeals from both parties involved.
While the Court of Appeal has yet to deliver its substantive ruling on the appeals, it determined that the number of pages in Mr. Akpabio’s brief surpassed the limit set by court regulations. Additionally, the court denied his request to submit a revised brief that adhered to the permitted length.
The Court of Appeal’s proceedings were prompted by the suspension of Mrs. Akpoti-Uduaghan on March 6.
Ms. Akpoti-Uduaghan contested her suspension at the Federal High Court located in Abuja.
However, the Federal High Court issued a puzzling ruling on July 4, declaring her six-month suspension effective March 6 by the Senate as excessive, yet refrained from mandating the reversal of the illegality.
The courtroom ruling also imposed a fine of N5 million on Mrs. Akpoti-Uduaghan for a “satirical apology” she posted on Facebook on April 27.
The judge ruled that the social media statement was in violation of a valid court order, which prohibited parties involved in the case from making comments to the press or on social media about the matter at hand.
The court instructed Mrs. Akpoti-Uduaghan to issue an unreserved apology in two national newspapers and on her Facebook page within a week of the judgement to “purge” herself of the contemptuous behavior towards the court. She was not sentenced to prison because her actions were classified as civil contempt rather than criminal.
Reflecting the contentious nature of the Federal High Court’s ruling, the decision prompted appeals from both Mrs. Akpoti-Uduaghan and the Senate President.
The Court of Appeal conducted the hearings for these appeals on November 28 and has reserved its judgement. The date for the ruling will be communicated to the involved parties.
Senate President to the Supreme Court
Mr. Akpabio lodged his appeal at the Supreme Court on December 18. The respondents include the Clerk of the National Assembly, the Nigerian Senate, and the Chairman of the Senate Committee on Ethics, Privileges and Public Petitions, Neda Imasuem.
The Senate President contended that by the time the appeal was addressed, her suspension had already lapsed. “She was reinstated to the Senate on September 6 and has resumed her duties with all associated rights and privileges,” his filing stated.
He contested Ms. Akpoti-Uduaghan’s submissions, claiming her brief did not meet the "formatting requisites requiring a larger font and wider line spacing," enabling her to stay within the page limit without needing court approval.
He also raised concerns about the validity of her notice of appeal, asserting that he needed to address the objections within his brief, rendering a longer submission necessary.
Mr. Akpabio asserted that the appellate court’s ruling deprived him of a fair hearing as guaranteed by the Nigerian Constitution, arguing that the court erred by insisting on strict adherence to the page limit given the complicated nature and volume of issues present in the appeal.
He noted that he had formally requested permission in early November to exceed the page limit under provisions permitting extended briefs in complex cases, but the Court of Appeal declined and moved forward with the hearing of the appeal.
Mr Akpabio contended that the appellate court prioritised speed over fairness, treated the parties unequally, and reached a decision without giving him a full opportunity to present his case.
Mr Akpabio has therefore asked the Supreme Court to set aside the Court of Appeal’s decisions of 28 November. He seeks to rely on his brief of argument, which exceeds the 35-page limit, or to file a complaint brief for proper consideration.
He argues that this step is necessary to safeguard his constitutional right to a fair hearing and ensure justice.
Background
The feud arose from Mrs Akpoti-Uduaghan’s suspension after a dispute between her and Mr Akpabio during a senate proceeding on 20 February over her seating position.
On 6 March, the Senate adopted a report by its Ethics Committee and suspended her for six months, citing misconduct and violation of Standing Orders.
The suspension barred her from her duties, sealed her office, and withheld her salaries and allowances. She could return earlier if she tendered a written apology.
She rejected the suspension and challenged it in court, arguing it was punitive, unconstitutional, and linked to her earlier sexual harassment petition against Mr Akpabio, which he denied.
On 4 July, the Federal High Court in Abuja ruled the suspension excessive and ordered her recall but fined her N5 million for contempt over a social media post and required a public apology.
The Senate did not reinstate her immediately, arguing that the court did not give any such order and that the matter is still in court.
When the six-month suspension ended on 4 September, Mrs Akpoti-Uduaghan notified the National Assembly of her intent to resume, but the management refused, citing the ongoing court process. The standoff lasted until 23 September, when senate officials unsealed her office, which had remained closed since March.
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