Senate Refuses to Reinstate Natasha Akpoti, Says Court Gave Advice Not Order
Abuja, Nigeria – The National Assembly has stated that the Federal High Court judgment delivered in favour of Senator Natasha Akpoti-Uduaghan does not compel her reinstatement, insisting that the ruling was declaratory and advisory, and therefore not legally enforceable.
In a letter dated 14 July 2025, and signed by Charles Yoila, Director of Litigation and Counselling on behalf of the Clerk to the National Assembly, the Senate argued that no injunctive or mandatory order was issued by the court to reinstate the embattled senator.
“There is no court order compelling the Senate, the President of the Senate, or the National Assembly to reinstate Senator Natasha Akpoti-Uduaghan,” the letter read.
“The judgment merely advised the Senate to exercise its power of recall.”
The response was addressed to Akpoti’s legal counsel, Michael Numa, SAN, following a notice from her legal team stating that she intended to resume plenary on Tuesday, July 15, based on the recent court decision.
The Backdrop: Suspension and Legal Battle
Senator Natasha Akpoti-Uduaghan (Kogi Central) was suspended earlier this year following a controversial post on social media that the Senate deemed contemptuous of judicial proceedings. She challenged the suspension in court, arguing that it violated her constituents’ constitutional right to representation.
In a ruling delivered by Justice Binta Nyako, the court agreed that the suspension was excessive and advised the Senate to lift it. However, the judgment stopped short of ordering her immediate reinstatement.
The judge also fined Akpoti ₦5 million for civil contempt and directed her to publish an apology in two national newspapers and on Facebook.
Akpoti has since appealed the fine but insists that the ruling grants her moral and legal grounds to resume legislative duties.
“The court was clear — suspending an elected lawmaker for six months without a binding legislative resolution undermines democracy,” her lawyer said.
Senate Holds Its Ground
Despite the court’s position, Senate leadership remains defiant.
Senate spokesperson Yemi Adaramodu confirmed that the enrolled court order does not include any mandatory directive, and as such, the Senate is under no obligation to act immediately.
“The matter is still within the Senate’s discretion. The court didn’t tell us to do anything — it advised. We’ll follow due process,” he said.
Cross-Appeal Filed by Senate President Akpabio
In a significant twist, Senate President Godswill Akpabio has filed a cross-appeal seeking to completely overturn the lower court’s judgment.
In the notice of appeal filed on 11 July 2025, Akpabio’s legal team led by Kehinde Ogunwumiju, SAN, argued that the court lacked jurisdiction to interfere in the Senate’s disciplinary processes, especially since the Senate Committee on Ethics had not concluded its investigation.
Akpabio’s appeal listed 11 grounds, including claims that:
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Akpoti failed to exhaust internal Senate remedies.
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The judiciary cannot interfere in internal parliamentary procedures.
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The suspension was based on just cause and due process.
What Legal Experts Are Saying
Legal experts say the case presents a classic battle between judicial oversight and legislative independence.
“Courts can declare legislative acts unconstitutional, but compelling the legislature to reverse itself? That’s tricky terrain,” said constitutional lawyer Femi Agbalajobi.
Others argue that Akpoti’s case, while morally compelling, is legally weak without a clear injunctive pronouncement.
For now, the standoff continues — and the people of Kogi Central remain without representation in the Senate
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