Natasha vs Akpabio: “Why Senate Cannot Recall Kogi Lawmaker,” Lawyer Explains
- A new legal twist emerged in the ongoing controversy in the Senate involving Senator Natasha Akpoti-Uduaghan and Senate President Godswill Akpabio
- A lawyer, Dayo Fdugba, faulted Senator Natasha’s attempt to resume at the Senate, explaining that Federal High Court judgement did not order the lifting of the six-month suspension
- The lawyer noted that the lawmaker's Notice of Appeal was cited as evidence that the Senate was under no legal obligation to reinstate her before the expiration of her suspension
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Legit.ng journalist Esther Odili has over two years of experience covering political parties and movements.
Dayo Fdugba, a lawyer and policy analyst in Abuja, has said that the recent filing of a Notice of Appeal by Senator Natasha Akpoti-Uduaghan’s legal team has now vindicated his position, as well as that of all those who have maintained that the judgment of Honourable Justice Binta Nyako did not contain a man
datory order directing the Senate to recall her before the expiration of her six-month suspension.
Source: Facebook
Natasha's reinstatement: Lawyer explains High Court order
In the Notice of Appeal, which contains thirty grounds and seeks to set aside the judgment of the Federal High Court, Ground 23 is particularly striking and revealing. It reads:
> “The Learned Trial Judge erred in law and abdicated her judicial duty when Her Ladyship, after rightly adjudging the Appellant’s suspension by the 2nd Respondent for a period of six months as excessive, outside the contemplation of the Constitution and the enabling Act, as well as ultra vires Section 63 of the Constitution, failed to expressly make a clear pronouncement setting aside and/or nullifying same accordingly.”
The particulars of this ground further assert:
1. The trial judge found the suspension excessive and contrary to the spirit of the Constitution;
2. Nevertheless, the judge merely believed that the Senate should recall the appellant;
3. The language employed did not constitute an express or binding nullification of the suspension;
4. The absence of a clear and direct order created confusion, as reflected in the enrolled order;
5. The judge’s failure to nullify the suspension expressly has led to multiple interpretations.
According to the lawyer, this single ground of appeal confirmed the argument that "there was no binding, enforceable order mandating Senator Natasha Akpoti-Uduaghan’s return to the Senate before her suspension elapsed. If such an order existed, there would have been no need to appeal this specific point."
Explaining further, he noted that the Senate, in exercising its disciplinary powers, acted within the limits of its constitutional and statutory authority.
"It did not breach any law or violate any rights in sanctioning a member whose conduct on the floor was unworthy of parliamentary decorum. The Senate Chamber is not a theatre for disorder, nor should it be a platform for members to hurl discourtesies at the presiding officer or other colleagues," he said.
Source: Facebook
Senate cannot enforce a non-existent order - Lawyer
Buttressing his point, Dayo Fdugba stated that "Senator Natasha’s dramatised attempt" to re-enter the Senate complex, accompanied by what he described as a "hired crowd and media entourage, was nothing short of a carefully staged spectacle aimed at generating online content for her army of bloggers.
"It was not about justice, it was about virality, Dayo Fdugba revealed.
"Her actions, unsanctioned, disorderly, and self-aggrandizing, are unbecoming of the office she holds. They constitute not only a flagrant disregard for institutional discipline but also a fresh insult to the very chamber she claims to respect. Indeed, her conduct could merit another round of disciplinary action.
"Let discerning Nigerians note this: the judicial process must be respected in its entirety, not selectively exploited for media sympathy. The appeal filed by Senator Natasha herself has exposed the truth and reaffirmed the position that the Senate has acted within the law.
"We were right yesterday, and we are right today. The Senate owes no duty to enforce a non-existent order," Dayo Fdugba, lawyer and policy analyst stated.
Previously, Legit.ng reported that tension erupted at the National Assembly complex in Abuja on Tuesday, July 22, after security operatives barred Senator Natasha Akpoti-Uduaghan from entering the premises.
Senator Natasha, who represents Kogi Central Senatorial District, was suspended by the Senate for six months.
Following a court judgment that nullified the suspension, she had vowed to resume legislative duties.
Read more about Natasha vs Akpabio here:
- Natasha vs Senate: Lawyer explains why Kogi senator can’t enforce court judgement
- Akpabio: Showdown as Aisha Yesufu vows to join Natasha as she resumes Senate today
- Court grants Natasha bail on fresh charge
Immigration briefly detains Natasha at Abuja airport
In another development, Legit.ng reported that Senator Natasha Akpoti-Uduaghan was briefly detained at Abuja airport after being placed on a watch list.
The detention occurred amid tensions between the senator and Senate leadership, following her suspension and allegations against Senate President Godswill Akpabio.
After nearly an hour of protest and phone calls to officials, Akpoti-Uduaghan was cleared to board her flight.
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Proofreading by Funmilayo Aremu, copy editor at Legit.ng.
Source: Legit.ng
