Akpabio Files Appeal to Overturn Court Order on Natasha’s Recall

Senate President Godswill Akpabio has approached the Court of Appeal, seeking to overturn the ruling of the Federal High Court in Abuja that ordered the recall of Senator Natasha Akpoti-Uduaghan to the Senate following her suspension.

This was revealed in a notice of appeal filed by Akpabio’s legal team, challenging the July 4 judgment delivered by Justice Binta Nyako. The Senate President contends that the lower court lacked jurisdiction to entertain the matter, arguing it involves internal affairs of the National Assembly, which he says are beyond judicial scrutiny under Section 251 of the 1999 Constitution.

In the 11 grounds of appeal, Akpabio criticised the trial court for dismissing his preliminary objection and issuing orders that he claims interfere with legislative procedures protected under the Legislative Houses (Powers and Privileges) Act.

According to Akpabio, matters such as suspension of members, statements made during plenary, and Senate resolutions are shielded from court intervention. He also argued that Akpoti-Uduaghan’s suit was premature, having failed to exhaust internal dispute resolution mechanisms—specifically, the Senate Committee on Ethics, Privileges and Public Petitions—as required by the Senate Standing Orders, 2023 (as amended).

The appeal further alleges a violation of Akpabio’s right to fair hearing, claiming the court introduced issues not raised by either party, including whether the suspension was excessive. He also faulted the judge for making recommendations for Akpoti-Uduaghan’s recall without first giving both parties an opportunity to address the matter.

Akpabio’s legal team said the Federal High Court committed a procedural error by merging interlocutory and substantive reliefs sought by Akpoti-Uduaghan, despite the duplication. He also argued that her suit was defective, having failed to comply with Section 21 of the Legislative Houses Act, which mandates a three-month notice to the Clerk of the National Assembly before any legal action can be instituted.

As part of his reliefs, Akpabio is urging the Court of Appeal to nullify the Federal High Court’s judgment, strike out the duplicated reliefs in Akpoti-Uduaghan’s applications, and dismiss the case for want of jurisdiction. He also asked the appellate court to reject what he described as “advisory opinions” issued by the trial court, particularly those suggesting amendments to Senate rules or the process for reinstating a suspended member.

Additionally, the Senate President has requested the Court of Appeal to invoke Section 15 of its enabling Act to resolve his preliminary objection and terminate the suit in its entirety.