Senate President Godswill Akpabio has appealed against the Federal High Court judgment which recommended the recall of suspended Senator Natasha Akpoti–Uduaghan to the Senate.
In a notice of appeal dated July 14, 2025, filed through his lead counsel, Kehinde Ogunwumiju (SAN), Akpabio seeks to overturn the July 4 judgment delivered by Justice Binta Nyako.
The High Court had described Akpoti-Uduaghan’s six-month suspension as “excessive” and faulted the deprivation of her constituency of Senate representation.
The appeal, marked CA/2025, arose from suit number FHC/ABJ/CS/384/2025, which was instituted by Senator Akpoti-Uduaghan to challenge her suspension from the Senate.
Akpabio’s legal team is contesting the High Court’s jurisdiction, insisting the matter concerns the internal affairs of the National Assembly and falls outside judicial purview as provided under Section 251 of the 1999 Constitution.
The Senate President, in his 11 grounds of appeal, faulted the Federal High Court for dismissing his preliminary objection and for issuing orders affecting parliamentary procedures protected by law.
According to the Senate President, suspension, words spoken during plenary, and Senate resolutions are safeguarded under the Legislative Houses (Powers and Privileges) Act and cannot be subjected to judicial interference.
The Senate President claimed that Akpoti-Uduaghan’s suit was premature as it did not exhaust the internal dispute resolution mechanism of the Senate, particularly the Committee on Ethics, Code of Conduct and Public Petitions, as prescribed in the Senate Standing Orders, 2023 (as amended).
He also faulted the trial court for allegedly breaching his right to a fair hearing by raising issues not argued by any of the parties, including the question of whether Akpoti-Uduaghan’s suspension was excessive.
Akpabio said the judge erred by making recommendations for her recall without giving both sides an opportunity to address the issue.
“The court cannot grant a relief that was not asked for,” the appeal stated, pointing out that the Federal High Court’s recommendation that Senator Natasha be recalled was not one of the reliefs she sought in her originating summons. “The court crossed the line.”
Akpabio also accused the Federal High Court of procedural irregularities by merging interlocutory reliefs sought by Akpoti-Uduaghan with her substantive claims, despite their duplication.
He also argued that her suit should have been struck out for failing to comply with Section 21 of the Legislative Houses Act, which requires a three-month notice to be served on the Clerk of the National Assembly before initiating legal action.
Among other reliefs, Akpabio urged the Court of Appeal to allow the appeal and set aside the judgment of the Federal High Court, strike out the duplicated reliefs contained in Akpoti-Uduaghan’s multiple applications, dismiss her suit for lack of jurisdiction and reject what he termed the trial court’s “advisory opinions” to the Senate, especially those relating to amending its rules or recalling a suspended member.
The former Akwa Ibom State governor also urged the court to invoke Section 15 of the Court of Appeal Act to resolve his preliminary objection and dismiss the entire case.
Also yesterday, the National Assembly responded to Akpoti-Uduaghan’s letter in which she sought to resume her legislative duties.
The letter dated July 14, 2025, was titled: “Re: Suit No: FHC/ABJ/CS/384/2025 – Senator Natasha Akpoti-Uduaghan v. CNA & 3ors – Forwarding of Court Order and demand for compliance.”
It was addressed to Akpoti-Uduaghan’s lawyer, Michael Jonathan Numa (SAN) and signed by the Director, Litigation and Counselling of the Legal Services Directorate of the National Assembly, Charles Yoila, for the Clerk to the National Assembly, Kamoru Ogunlana.
The letter reads in part: “I am directed to reply to your letter to the Clerk to the National Assembly, dated 11th July 2025.
“From our summary of the judgment order, there is no order made on the 4th day of July, 2025, by Hon. Justice B.F.N. Nyako for the Senate, President of the Senate or National Assembly to comply with.
“The declaratory judgment merely advised the defendants to exercise their power to recall Senator Natasha Akpoti-Uduaghan and allow her to resume representing the people who sent her to represent them.
“Accordingly, you may wish to advise your client to await the action of the Senate to exercise their power of recall as advised by the court.”
