Court Did Not Order Senator Natasha Akpoti’s Recall, Says Judgment Clarifies Senate’s Discretion

Contrary to the much held view that the Federal High Court in Abuja has ordered the recall of Natasha Akpoti-Uduaghan, the Senate claims the certified True Copy of the judgment contained no such order.

Senate claimed that the certified true copy (CTC) of the judgment delivered by Justice B.F.M. Nyako clearly indicates otherwise but instead confirmed the right of the red chamber to instill discipline.

The case, filed by Senator Natasha Akpoti against the Nigerian Senate, addressed multiple issues concerning her suspension and the powers of the legislative chamber. In the ruling, the court held that Akpoti had acted in breach of a subsisting court order and imposed a fine of ₦5 million on her.

Additionally, she is to publish a public apology in two national dailies and on her Facebook page within seven days to purge herself of contempt.

Justice Nyako reaffirmed that the Senate has the authority to formulate and review its internal rules, citing that these rules take precedence over the Legislative Houses (Powers and Privileges) Act under Section 20 of the law.

The court also held that the Senate President has the power to allocate and reallocate seats without conditions, underscoring the wide latitude given to the leadership of the chamber.

However, the court faulted the Senate’s suspension of Akpoti for six months, ruling that such a suspension equating to 180 legislative days is excessive and amounts to an overreach.

Importantly, Justice Nyako did not issue any order directing the Senate to reinstate Senator Akpoti. Instead, the judgment stated: “The Senate has the power to, and I believe should, recall the plaintiff [Senator Akpoti] and allow her to resume representing the people who sent her there.” This is considered judicial advice, not a binding directive.

This stands in contrast to the earlier case of Senator Ali Ndume versus former Senate President Bukola Saraki, where the court explicitly ordered Ndume’s reinstatement and directed payment of his withheld salaries and allowances.

In Akpoti’s case, the court deliberately left the decision to the discretion of the Senate and its leadership, particularly Senate President Godswill Akpabio.

The ruling emphasized that it is now up to the Senate to act, either to recall her in line with the court’s suggestion or not.

Observers and stakeholders have since called for a measured and diplomatic resolution of the matter, warning against unnecessary confrontation or misrepresentation of the court’s position.