President of the Senate, Godswill Akpabio, has filed an appeal at the Court of Appeal challenging the judgment of the Federal High Court in Abuja, which ordered the recall of suspended Senator Natasha Akpoti-Uduaghan.
In a notice of appeal, Akpabio is seeking to overturn the July 4, 2025, ruling delivered by Justice Binta Nyako, which directed that Akpoti-Uduaghan be reinstated to the Senate following her suspension.
Akpabio’s legal team argues that the Federal High Court lacked jurisdiction to entertain the case, asserting that the matter concerns the internal affairs of the National Assembly—which, according to them, are beyond the scope of judicial review under Section 251 of the 1999 Constitution.
In the 11-ground appeal, Akpabio faulted the lower court for dismissing his preliminary objection on jurisdiction; issuing orders that interfere with parliamentary procedures, which he argues are protected by law; addressing issues not raised by any party, such as the proportionality of the suspension; making recommendations for Akpoti-Uduaghan’s recall without hearing both sides on the matter.
The Senate President further argued that matters such as suspension of members, statements made during plenary, and Senate resolutions are protected under the Legislative Houses (Powers and Privileges) Act, and therefore not subject to judicial intervention.
He also contended that the suit was premature, as Akpoti-Uduaghan failed to exhaust internal dispute resolution mechanisms, particularly through the Senate Committee on Ethics, Privileges, and Public Petitions, as required under the Senate Standing Orders, 2023 (as amended).
Additionally, Akpabio claimed that the trial court violated his right to fair hearing by merging interlocutory applications with substantive reliefs, which he said duplicated her claims and led to procedural irregularities.
He also challenged the suit’s non-compliance with Section 21 of the Legislative Houses Act, which mandates that a three-month notice be served on the Clerk of the National Assembly before initiating legal proceedings against the legislature.
Among other reliefs, Akpabio is urging the Court of Appeal to set aside the judgment of the Federal High Court; strike out the alleged duplicated reliefs in Akpoti-Uduaghan’s applications; dismiss her suit entirely for lack of jurisdiction; reject what he termed the trial court’s “advisory opinions” to the Senate, particularly regarding amendments to its rules or the recall of suspended members.
He is also invoking Section 15 of the Court of Appeal Act to enable the appellate court to resolve his preliminary objection and bring the matter to a conclusion without a remand.
