Alert: Senate’s Six-Month Suspension of Senator Natasha Akpoti-Uduaghan is Oppressive, Violates Nigerian Law 

An examination of Nigeria’s legal framework has revealed that the Senate’s six-month suspension of Senator Natasha Akpoti-Uduaghan (Kogi Central) violates established laws and court precedents. The Legislative Houses (Powers and Privileges) Act limits legislative suspensions to 14 days, and multiple court rulings have reinforced that any extension beyond this is unconstitutional.

Despite these legal restrictions, during Thursday’s plenary, the Senate upheld the Committee on Ethics, Privileges, and Code of Conduct’s recommendation to suspend Akpoti-Uduaghan over alleged misconduct. The decision, presided over by Senate President Godswill Akpabio, followed a report presented by Senator Neda Imasuen, which accused her of breaching Senate rules and bringing the chamber into disrepute.

Terms of Suspension and Senate’s Conditions for Reinstatement 

Akpoti-Uduaghan’s suspension is linked to an ongoing dispute between her and Akpabio, whom she accused of sexual harassment and political victimisation. In a recent interview with Arise TV, she alleged that Akpabio made inappropriate advances toward her in December 2023 and that their fallout led to deliberate efforts to undermine her position in the Senate.

As part of the suspension, the Senate imposed the following conditions:

• A six-month suspension, effective March 6, 2025.
• A mandatory written apology before reinstatement.
• Closure of her Senate office and surrender of all government property.
• A ban from entering the National Assembly complex.
• Suspension of salaries, allowances, and security details.
• A restriction from representing Nigeria in any official capacity.

Some senators had proposed reducing the suspension to three months, but the chamber ultimately voted to maintain the six months.

Legal Questions Surrounding the Suspension 

The legality of suspending a sitting senator remains contested under Nigerian law. While Section 60 of the 1999 Constitution grants the Senate the power to regulate its internal proceedings, this authority is not absolute and must align with broader constitutional provisions.

Section 68 of the Constitution outlines the conditions under which a senator’s seat may be declared vacant – such as resignation, death, or defection – but does not list suspension as a valid disciplinary measure. Additionally, Order 66, Section 4 of the Senate Standing Orders 2021 (as amended), the Senate President can only withdraw an errant senator for the rest of a legislative day, in the case of a minor offence.

When a Senator is named by the President of the Senate, if the offence is a minor one, the President of the Senate may Order the Senator to withdraw for the rest of the Legislative Day; but if the matter appears to the President of the Senate to be of a more serious nature, the President of the Senate shall put the question on motion being made, no amendment, adjournment or debate being allowed, that such suspension being for any time stated in the motion not exceeding 14 legislative days.”

This provision clarifies that any suspension exceeding 14 days is unlawful unless supported by explicit constitutional authority, which does not exist in this case.

Court Precedents on Legislative Suspensions 

Nigerian courts have consistently ruled against extended suspensions of lawmakers, affirming that such actions infringe on both democratic principles and the rights of elected representatives.

• Dino Melaye v. Senate (2019):

The Federal High Court ruled that the Senate lacked the constitutional power to impose indefinite or prolonged suspensions, as doing so disenfranchises both the senator and their constituents.

• Omo-Agege v. Senate (2018):

The court nullified Senator Ovie Omo-Agege’s 90-day suspension, stating that the Senate’s authority to discipline members does not extend beyond 14 days.

• Ali Ndume v. Senate (2017):

The court ruled that Ndume’s six-month suspension was unconstitutional and ordered his reinstatement. Other cases: Lawmakers such as Abdul Ningi and Arthur Nzeribe have also successfully challenged their suspensions, with courts consistently ruling in their favour.

These precedents reinforce that while the Senate has the authority to discipline its members, it cannot extend suspensions beyond 14 days without violating the law.

Legal Implications and Constitutional Limits 

The Senate’s reliance on internal rules, such as the Senate Standing Orders, does not override constitutional and statutory limits. While proponents of the suspension argue that Section 60 grants the Senate broad autonomy to regulate its affairs, courts have repeatedly held that legislative discipline must comply with constitutional provisions.

Critics of prolonged suspensions, including legal scholars and affected senators, argue that such actions:

• Violate Section 39 of the Constitution, which guarantees freedom of expression.
• Disenfranchise constituents by denying them representation for an extended period.
• Lack explicit constitutional backing, making them legally questionable.

Given past court rulings, if Akpoti-Uduaghan challenges her suspension, legal experts believe she has substantial grounds for reinstatement.

The Nigerian Senate’s decision to suspend Senator Natasha Akpoti-Uduaghan for six months directly violates legal precedents and statutory provisions. While the Senate has the authority to regulate its affairs, this power does not extend to suspending members beyond the legally permitted 14-day period.

With multiple court rulings declaring similar suspensions unlawful, this latest decision appears oppressive – especially as Senate President Godswill Akpabio, whom Akpoti-Uduaghan accused of sexual harassment, presided over the proceedings. This raises concerns about conflict of interest and suggests a troubling use of legislative power to suppress an accuser.

The Latin maxim Nemo judex in causa sua- “no one is judge in his own case” – speaks directly to this situation.

Nigerians now ask:

“How can a man be judge in his own case?”

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About The Author

Confidence Ubani

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Mayowa Durosinmi

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M. Durosinmi is a West Africa Weekly investigative reporter covering Politics, Human Rights, Health, and Security in West Africa and the Sahel Region

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