The Senate has said it will only consider recalling Senator Natasha Akpoti Uduaghan after she fully complies with the directive of the Federal High Court to issue a formal apology.
Chairman of the Senate Committee on Media and Public Affairs, Senator Adeyemi Adaramodu, stated this while reacting to the recent court ruling on the matter.
He explained that although the court faulted aspects of the process that led to her suspension, it did not remove the Senate’s constitutional power to discipline its members.
Senator Akpoti Uduaghan, representing Kogi Central, was suspended in March for six months over allegations of gross misconduct.
The suspension followed a confrontation with the Senate President, Godswill Akpabio, over the chamber’s seating arrangement.
The tension escalated when the lawmaker, during a television appearance, accused Akpabio of suspending her for rejecting his alleged sexual advances.
Akpabio has since denied the accusation.
Justice Nyako, in her ruling, declared parts of the Senate Standing Rules and the Legislative Houses Powers and Privileges Act as overreaching.
She faulted the provisions for failing to specify the maximum suspension period a lawmaker could face.
The court held that while the Senate has the power to sanction its members, such sanctions must not deny constituents their right to representation.
Justice Nyako noted that the Senate is constitutionally required to sit for only 181 days in a legislative year.
She ruled that suspending a senator for 180 days effectively deprives the affected constituency of participation in national governance.
However, the court also found Akpoti Uduaghan guilty of contempt over a satirical apology she posted on Facebook on April 27.
Justice Nyako ordered her to publish a formal apology in two national newspapers and on her Facebook page within seven days.
She also imposed a fine of N5 million.
Speaking to journalists, Senator Adaramodu said the Senate would not act until she complies with the ruling.
“The court did not oust our right to discipline members. In fact, it confirmed that the senator in question erred,” he said.
“The court has directed her to offer restitution. After she does that, the Senate will sit and consider the content of her action before making its next move.”
He added that the responsibility now lies with Akpoti Uduaghan.
“The onus is no more on us. It is already on her doorstep to go and apologise.
“Once she does that, then the Senate will sit and determine how to deal with her matter,” he said.
Also speaking after the court session, the Senate’s counsel, Paul Dauda SAN, described the ruling as a partial victory.
He said the court’s position on the satirical post showed respect for the Senate’s concerns on civil contempt.
“The application we filed concerning the social media post was decided in our favour.
“The court ordered that the post be taken down and that a proper apology be published in two national dailies,” he said.
Dauda added that the Senate’s authority to discipline its members was not in question.
“It appears the court affirmed that the Senate, as an institution, has the right to sanction its members.
“While senators are elected to represent constituencies, they are still bound by the chamber’s rules,” he said.
He clarified that the court did not order Akpoti Uduaghan’s reinstatement.
“There was no relief granted to lift the suspension.
“What the judge offered was an observation that the suspension might have been excessive, which is not binding.
“We will study the full judgment and respond accordingly,” Dauda added.
