The planned return of suspended Senator Natasha Akpoti-Uduaghan to the Senate on Tuesday, July 22, appears to have hit a snag as the upper chamber insists that there is no valid court order mandating her immediate recall.
It cautioned her against any attempt to forcibly resume her parliamentary duties.
Persecondnews reported that Senator Akpoti-Uduaghan, while attending a training programme in her constituency on Saturday, July 19, told journalists of her intention to resume duties on Tuesday.
She said: “I have pretty much two months more before the six months expire. However, I have written to the Senate again telling them that I am resuming on July 22, which is on Tuesday, by the special grace of God.
“I will be there, because the court did make the decision on that. Now, they argue that it is an order, it is not an order, but it is a decision.
“I did mention that every senator has three major functions. Legislative, which is the creation of laws and review of treaties. Then we have oversight, which is to oversee ministers and agencies. And then the third is representation, which I am doing.
“Whereby I identify the problems and the challenges of my community, and I make sure I present them and have them captured in the federal budget. And I have done pretty well with that. Of course, I do miss putting up my bills there, but it did not stop me from working.”
In a swift reaction, the Senate, in a statement issued on Sunday, July 20, by the Chairman of its Committee on Media and Public Affairs, Sen. Yemi Adaramodu, warned Akpoti-Uduaghan to desist from forcibly resuming her legislative duties on Tuesday.
While insisting that no valid court order mandated her immediate recall, Adaramodu said the Senate remained committed to due process and the rule of law.
He said: “The Senate of the Federal Republic of Nigeria wishes to reaffirm, for the third time, that there is no subsisting court order mandating the Senate to recall Senator Natasha Akpoti-Uduaghan before the expiration of her suspension.”
Adaramodu said the Senate had previously issued two public statements following Justice Binta Nyako’s ruling and the release of the Certified True Copy (CTC) of the enrolled order, making it clear that no positive or mandatory directive was issued against the Senate regarding her recall.
“Rather, the honourable court gave a non-binding advisory urging the Senate to consider amending its standing orders and reviewing the suspension, which it opined might be excessive
“The court, however, explicitly held that the Senate did not breach any law or constitutional provision in imposing the disciplinary measure based on the senator’s misconduct during plenary,” he said.
The Senate further noted that the same court had found Akpoti-Uduaghan guilty of contempt and imposed penalties, including a fine of N5 million payable to the Federal Government and a mandatory apology in two national newspapers and on her Facebook page — a directive that reportedly remains uncomplied with.
“It is, therefore, surprising and legally untenable that Sen. Akpoti-Uduaghan, while on appeal and having filed a motion for stay against the valid and binding orders made against her, is attempting to act upon an imaginary order of recall that does not exist,” the Senate spokesman said.
He warned that any move by the suspended lawmaker to “storm the Senate next Tuesday under a false pretext would be premature, disruptive, and a breach of legislative order.
“The Senate will, at the appropriate time, consider the advisory opinion of the court on both amending the standing orders of the Senate, her recall, and communicate the same thereof to her.
“Until then, she is respectfully advised to stay away from the Senate chambers and allow due process to run its full course,” the statement concluded.
Buttressing the Senate’s position, the Executive Director of Citizens Advocacy for Social and Economic Rights (CASER), Dr. Frank Tietie, said Sen. Akpoti-Uduaghan cannot rely on the court judgment to resume sitting at the Senate because the judgment is “nebulous.”
He asserted that the court possesses the authority to deliver a declaratory judgment in the case but did not do so
Tietie said the court, pursuant to Section 6 of the Constitution, possesses the authority to issue directives that must be immediately obeyed by all relevant authorities, including the National Assembly.
He said: “The court retains such powers, provided its decisions are made in accordance with the law. The standing rule is that whenever a court in Nigeria, no matter how low or high the court is, makes a pronouncement, it is automatically obeyed.
“However, it appears that this principle is being tested, as we are facing a dysfunctionality that has persisted for so long that it is no wonder we question whether to obey a court order or not.
“When violations occur, individuals who feel affected by the abuse of power can approach the court for redress. The court’s role is to define rights, determine the issues, and provide clear directives. In this case, the court is tasked with determining rights, interests, and principles, and dispensing justice to the person who has approached it.”
On whether the embattled lawmaker can rely on the judgment to resume, the Abuja-based lawyer, said: “Sen. Akpoti-Uduaghan cannot rely on the court judgment to resume sitting at the Senate because the judgment is nebulous.
“Furthermore, she has faced significant humiliation, including being fined for contempt charges over an innuendo she made. These issues have overshadowed the real concerns Nigerians are interested in.
“The court’s failure to provide certainty, starting with releasing the judgment itself, makes it impossible for her to return.
“Moreover, the Senate’s statement that reconsidering her case would depend on her apology sets a dangerous precedent, as it subjects democratic norms to personal whims.”
Persecondnews recalls that Akpoti-Uduaghan was suspended by the Senate in March after a controversial plenary session that turned rowdy over disagreements about seating arrangements in the chamber.
Challenging the Senate’s decision, the lawmaker, through an ex-parte motion, urged the court to declare any actions taken by the committee – including her suspension – null, void and of no effect, pending the determination of her suit.
Ruling on the case, Justice Nyako held on July 4 that the suspension lacked constitutional backing and ordered her immediate reinstatement.
The court, however, also found the senator guilty of contempt for a Facebook post described as a satirical apology addressed to Akpabio.
The post, the court held, violated an interim injunction issued on March 4, 2025, barring parties from making public or social media comments on the ongoing suit challenging her suspension.
Nyako imposed a N5 million fine on the senator for the post, which was deemed to have breached the court’s order.
In her ruling, Justice Nyako said the extended suspension of the senator was not only procedurally flawed but also deprived the people of Kogi Central of their constitutional right to representation.
She pointed out that lawmakers are required by the constitution to attend at least 181 sitting days in a legislative year and warned that long suspensions without due process undermine democratic governance.
The court also criticised the Senate’s disciplinary processes, urging the National Assembly to review its internal rules to conform with constitutional principles and ensure fair hearing.
Meanwhile, Akpabio has appealed the Federal High Court’s decision ordering Akpoti-Uduaghan’s recall on July 14, 2025, at the Abuja Division of the Court of Appeal, aiming to overturn Justice Nyako’s ruling.
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