OPINION |  Senate Rebels Against Court in Natasha Akpoti-Uduaghan Case: A Constitutional Timebomb

The Senate’s current stance could set a precedent where courts issue constitutional rulings that are rendered moot by legislative non-compliance cloaked as procedural discretion | By CHIDIPETERS OKORIE

In a country whose democracy is still shaping its contours, the drama surrounding Senator Natasha Akpoti-Uduaghan’s suspension and the Nigerian Senate’s refusal to immediately comply with a Federal High Court ruling reinstating her has unveiled a profound institutional conflict—one that could reshape legislative accountability and constitutional boundaries in Africa’s largest democracy.

The court decision, handed down on Friday by Justice Binta Nyako of the Federal High Court in Abuja, struck down the six-month suspension of Senator Akpoti-Uduaghan as unconstitutional. According to the judge, the action was not only excessive but deprived the people of Kogi Central—whom she represents—of their fundamental right to representation. Despite this ruling, the Senate has resisted immediate compliance, insisting that she must first “make restitution” before any reconsideration of her reinstatement.

This defiance, framed by the Senate as respect for institutional self-governance, has ignited debates around the rule of law, separation of powers, and the politicization of legislative discipline in Nigeria.

Justice Nyako’s ruling was unequivocal in its condemnation of the Senate’s disciplinary overreach. The court determined that the suspension of Akpoti-Uduaghan violated Sections 4 and 36 of the 1999 Constitution—provisions that guarantee legislative representation and fair hearing. She urged the National Assembly to re-evaluate its internal disciplinary framework to ensure it aligns with constitutional principles.

In contrast, the Senate’s reaction, delivered through its spokesperson, Yemi Adaramodu, underscores the legislative body’s entrenched belief in its sovereign powers. “The court has not ousted the Senate’s statutory right to punish any erring senator,” Adaramodu said. “Once she [Akpoti-Uduaghan] makes restitution as directed, we will sit again to deliberate.”

Here lies the friction: while the court asserts that the act of suspension was unlawful, the Senate interprets the ruling not as an indictment of its authority, but as a conditional validation of its disciplinary procedures.

Beyond legalistic interpretations, the controversy carries potent political and gendered undercurrents. Akpoti-Uduaghan, a prominent figure in Nigeria’s opposition politics and one of the few women in the Red Chamber, has faced resistance that many interpret as both politically and patriarchally motivated.

Critics argue that her suspension—initially triggered by allegations of misconduct during Senate proceedings—was symptomatic of a broader pattern of political exclusion targeting dissenting and non-conformist voices. Her legal team has emphasized that the Senate’s action was retaliatory, and designed to silence her persistent advocacy on governance issues, especially corruption in the steel sector and electoral reform.

In a patriarchal political landscape, Akpoti-Uduaghan’s vocal stance and independence have made her both a target and a symbol—raising questions about how institutional power is wielded against minority voices, especially women.

While the judiciary has scored a symbolic victory in defending constitutional representation, it stopped short of issuing a direct reinstatement order. Instead, the ruling contains a conciliatory note—requiring the Senator to issue a formal apology and publish it in two national newspapers, take down a satirical social media post about the Senate, and pay ₦5 million in damages to the court for civil contempt.

Senate counsel Paul Dauda, SAN, has portrayed this outcome as a “partial victory,” emphasizing the court’s validation of the Senate’s internal disciplinary rights and its rebuke of Akpoti-Uduaghan’s courtroom conduct. “The court agreed that the social media posts should not have been made,” Dauda said. “This confirms that decorum must be maintained even in legal battles.”

Still, the court’s reaffirmation of constitutional limits on suspension power remains the ruling’s most consequential aspect.

This case may appear isolated, but it strikes at the heart of Nigeria’s institutional order. The tension between legislative independence and judicial oversight is not new, but Akpoti-Uduaghan’s case sharpens the stakes. The Nigerian Senate, like many legislatures globally, operates on internal rules meant to preserve decorum and discipline. Yet, these rules must coexist with constitutional norms—particularly those that protect representation and democratic rights.

If allowed to stand unchallenged, the Senate’s current stance could set a precedent where courts issue constitutional rulings that are rendered moot by legislative non-compliance cloaked as procedural discretion. This would erode the effectiveness of judicial review and weaken democratic checks and balances.

Equally troubling is the message sent to constituents: that their right to representation can be held hostage to opaque political processes. In a region like Kogi Central—already marginalized in many aspects of federal policy—this compounds a sense of political disenfranchisement.

The Senate’s insistence on restitution before reinstatement does not exist in a vacuum. It reflects a deeper crisis of legitimacy within Nigeria’s political class. The National Assembly, often criticized for lack of transparency and internal democracy, is again on the defensive over its institutional integrity.

This situation also risks public disillusionment with the judiciary. If court judgments—especially those touching on constitutional rights—can be selectively implemented, it raises fears that Nigeria’s legal system is becoming advisory rather than authoritative.

In this context, Senator Akpoti-Uduaghan’s case becomes more than a personal or partisan struggle—it becomes emblematic of the larger struggle for institutional accountability in Nigeria.

As of now, the ball remains squarely in Senator Akpoti-Uduaghan’s court. Her team is reportedly preparing to comply with the court’s directives, including the required apology and payment of damages. But whether her reinstatement will follow smoothly is far from guaranteed.

Observers warn that the Senate could impose additional procedural barriers, effectively delaying her return until political winds shift. Should that occur, another legal showdown could ensue—this time testing the limits of constitutional enforcement in Nigeria’s democratic order.

At its core, this saga exposes the fragility of Nigeria’s democratic institutions. The courts can pronounce, but without political will, those pronouncements risk fading into irrelevance. For Senator Akpoti-Uduaghan, the struggle may soon move from the courtroom back to the Senate floor—but for Nigerian democracy, the deeper battle over who holds power, and how they wield it, is only beginning.

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