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Appeal Court Reserves Judgment in Akpoti-Uduaghan and Akpabio Legal Battle

The Court of Appeal in Abuja has reserved judgment in the appeal and cross-appeal filed by Senator Natasha Akpoti-Uduaghan and Senate President Godswill Akpabio, both challenging different aspects of a previous Federal High Court decision.

A three-member panel of justices reached the decision on Friday after lawyers representing both parties adopted their briefs and argued their positions.

Akpoti-Uduaghan is appealing the Federal High Court judgment that upheld the Senate’s power to investigate her over alleged misconduct. Meanwhile, Akpabio is challenging the same court’s ruling that declared Akpoti-Uduaghan’s earlier six-month suspension unconstitutional.

Akpabio’s legal team argued that the lower court lacked jurisdiction, insisting that issues relating to legislative discipline fall strictly within the Senate’s internal affairs and are shielded from judicial intervention by Section 251 of the 1999 Constitution. They also cited the Legislative Houses (Powers and Privileges) Act to support their claim that parliamentary procedures cannot be subjected to external adjudication.

The Federal High Court had previously held that Akpoti-Uduaghan’s suspension was unlawful, excessive, and deprived her constituents of representation.

In an 11-ground cross-appeal, Akpabio, through his lead counsel, Kehinde Ogunwumiju, SAN, asked the appellate court to overturn that ruling, describing it as a grave error in law.

The Senate President’s challenge came just two days after Akpoti-Uduaghan filed her own appeal contesting a N5 million contempt fine imposed on her by Justice Binta Nyako. The fine stemmed from a satirical Facebook post the judge deemed contemptuous while her case was still ongoing. Akpoti-Uduaghan argued that the ruling violated her fundamental rights and lacked legal basis.

All the appeals originated from the senator’s suit seeking to halt the Senate’s investigation of her, filed under suit number FHC/ABJ/CS/384/2025.

During Friday’s session, Akpabio’s counsel, Eko Ejembi Eko, SAN, withdrew one of the cross-appeals, noting that it had been overtaken by events since Akpoti-Uduaghan had already returned to her seat in the Senate. The court subsequently dismissed the withdrawn filing.

A new date for judgment is expected to be announced in due course.

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