By Rejoice Peterside, Abuja
Amid growing public speculation and political interpretation, the Federal High Court in Abuja has made it clear that there is no judicial order compelling the Senate to recall Senator Natasha Akpoti-Uduaghan, who is currently serving a six-month suspension.
This clarification follows the release of the full judgment delivered on July 4, 2025, by Justice Binta Nyako, in the case: Senator Natasha Akpoti-Uduaghan v. Clerk of the National Assembly & 3 Ors.
Contrary to earlier assumptions circulated in some quarters, the judgment did not nullify the suspension nor order the reinstatement of the Senator representing Kogi Central Senatorial District.
Legal analyst, Dayo Fadugba, who reviewed the certified judgment, explained that the court offered no declaratory or injunctive reliefs against the Senate. Instead, it maintained that the Red Chamber acted within its constitutional authority under Section 60 of the 1999 Constitution, which empowers the National Assembly to regulate its internal affairs, including disciplining members.
“The court simply made an observation on the length of the suspension in relation to legislative sitting days, but this was not a legal directive. It was what lawyers call obiter dictum a comment, not a ruling,” Fadugba noted.
He added that Justice Nyako did acknowledge concerns over the length of the suspension observing that if the National Assembly sits for an average of 181 days annually, a 180-day suspension could be viewed as extensive. However, this opinion did not form the binding part of the judgment (ratio decidendi).
The ruling also confirmed that Senator Natasha was referred to the Senate Committee on Ethics, Privileges and Public Petitions following alleged unparliamentary conduct during plenary on February 20, 2025. The court ruled that the process leading to her suspension did not violate her rights, nor did it breach any constitutional provision.
Citing landmark precedents including AG Bendel v. AG Federation & 22 Ors and Unongo v. Aku, the court emphasized that the judiciary has limited jurisdiction in matters involving legislative procedure particularly when no constitutional breach is established.
“If courts were to wade into every utterance or internal deliberation during legislative plenary, this Honourable Court would know no rest,” the judge said.
Justice Nyako further invoked the principle of separation of powers, stating that while courts exist to uphold the law, they cannot dictate how the legislature manages its internal disciplinary actions so long as such actions adhere to procedure and do not infringe on fundamental rights.
The court also referenced a similar case, Senator Ali Ndume v. President of the Senate & Ors, where the powers of the National Assembly to suspend members once procedural fairness is observed were upheld.
While the legal outcome puts to rest any ambiguity regarding the court’s position, it also highlights a critical civic question: What happens to a constituency when its Senator is suspended for six months?
For the people of Kogi Central, this suspension means their elected representative has been absent from the Senate since March 2025. With plenary sessions ongoing and national decisions being made, the district currently has no direct legislative voice.
Observers note that although the court ruling affirms legislative autonomy, it raises a legitimate concern about representation.
“This is not about personalities it’s about the people,” said Hassan Abdulazeez, a community development advocate. “Whether it’s six months or six weeks, the fact is that Kogi Central residents now have no Senator to speak for them on key national issues.”
The Nigerian Constitution guarantees representation, but it remains silent on what mechanisms should be in place to protect constituents’ interests during prolonged disciplinary absences.
This gap leaves many questions unanswered should there be a temporary substitute? Should the suspension length be capped in relation to the legislative calendar?
For now, the fate of over half a million constituents in Kogi Central hangs in the balance, awaiting the return of their Senator at the end of her suspension term.
While the court ruling has put to rest legal confusion surrounding Senator Natasha’s suspension, it has equally stirred a deeper democratic conversation one that goes beyond legalities to the core of citizen representation in Nigeria’s legislative process.
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