ABUJA, Nigeria — Justice Binta Nyako of the Federal High Court in Abuja has affirmed the constitutional powers of the Nigerian Senate to discipline its members for misconduct, but ruled that the six-month suspension imposed on Senator Natasha Akpoti-Uduaghan was “excessive” and amounted to a denial of representation for her constituents.
Delivering judgment on Friday, July 4, 2025, in the suit filed by Akpoti-Uduaghan, who represents Kogi Central Senatorial District, Justice Nyako held that the privileges of lawmakers are subject to the Senate’s internal rules and procedures.
“A senator is expected to represent her people,” Justice Nyako stated.
“I am of the view that the Senate has the power to amend that rule,” she added, noting that the Senate “can and should” reconsider recalling the plaintiff back to office.
The judge upheld the Senate’s authority to regulate its internal affairs, including seating arrangements and the conduct of its members.
She ruled that Senate President Godswill Akpabio acted within his powers by denying Akpoti-Uduaghan the opportunity to speak on the floor when she was not seated in her officially assigned position.
However, Nyako faulted the duration of the suspension handed down to the senator, stating that it effectively barred her from fulfilling her legislative duties for the majority of the legislative calendar.
Nigerian lawmakers are constitutionally required to sit for at least 181 days in a legislative session.
“The relevant laws of the senate did not define the maximum duration for which a serving lawmaker can be suspended,” Nyako observed.
She added that the six-month suspension was “overreaching” and “excessive.”
The suit, marked FHC/ABJ/CS/384/2025, was filed by Senator Akpoti-Uduaghan against the Clerk of the National Assembly, the Senate, the Senate President, and Senator Neda Imasuen, who chairs the Senate Committee on Ethics, Privileges, and Code of Conduct.
On Tuesday, March 4, 2025, Justice Obiora Egwuatu, then presiding over the case, issued an order restraining the Senate from initiating disciplinary proceedings against Akpoti-Uduaghan following an ex parte motion filed by her legal team.
The order required the Senate to show cause within 72 hours why a full injunction should not be granted.
Despite the court order, the Senate proceeded to suspend the senator on Thursday, March 6, 2025, citing alleged gross misconduct and adopting the recommendations of the Ethics Committee.
The suspension lasted for six months.
On Wednesday, March 19, 2025, Justice Egwatu vacated the earlier restraining order, and on Tuesday, March 25, 2025, he recused himself from the case following allegations of bias reportedly raised by Senate President Akpabio.
The matter was subsequently reassigned to Justice Nyako by the Chief Judge of the Federal High Court, Justice John Tsoho.
Friday, July 4, 2025, ruling is being seen as a partial win for both sides—upholding the Senate’s authority to discipline members while recognising the constitutional rights of constituents to representation.
