Akpabio Challenges Court Order Mandating Natasha’s Recall
Akpabio Challenges Court Order Mandating Natasha’s Recall
In a notice of appeal, the Senate President is challenging the July 4 ruling handed down by Justice Binta Nyako.
Akpabio’s legal team argues that the High Court lacks jurisdiction over the case, maintaining that it pertains to the internal affairs of the National Assembly and is therefore beyond the court’s authority as outlined in Section 251 of the 1999 Constitution.
In an appeal based on 11 grounds, the Senate President criticized the lower court for dismissing his preliminary objection and for issuing orders that interfere with parliamentary procedures safeguarded by law.
He argued that issues related to suspension, words spoken during plenary, and Senate resolutions are safeguarded under the Legislative Houses (Powers and Privileges) Act and cannot be subjected to judicial interference.
The Senate President further claimed that the suit was premature and did not exhaust the internal dispute resolution channels of the Senate, particularly the Committee on Ethics, Privileges and Public Petitions, as prescribed in the Senate Standing Orders, 2023 (as amended).
He also faulted the trial court for allegedly breaching his right to a fair hearing by raising issues not argued by any of the parties, including the question of whether Akpoti-Uduaghan’s suspension was excessive.
He added that the judge erred by making recommendations for her recall without giving both sides an opportunity to address the issue.
He further accused the Federal High Court of procedural errors by combining the interlocutory reliefs sought by Akpoti-Uduaghan with her substantive claims, despite their overlap.
He also contended that her lawsuit should have been dismissed for failing to comply 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.
Among other requests, Akpabio is asking the appellate court to uphold his appeal and overturn the Federal High Court’s judgment, strike out the duplicated reliefs in Akpoti-Uduaghan’s multiple applications, dismiss her suit for lack of jurisdiction, and reject what he described as the trial court’s “advisory opinions” to the Senate—particularly those concerning amendments to its rules or the recall of a suspended member.
Additionally, the Senate President is urging the court to apply Section 15 of the Court of Appeal Act to uphold his preliminary objection and dismiss the entire case.
