Akpoti-Uduaghan’s suspension violates Senate rules, lawyers say

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The suspension of the Natasha Akpoti-Uduaghan, senator representing Kogi Central, by the Nigerian Senate is a clear violation of order 67(4) of its own rules, which limits suspensions of a member of the upper chamber to a maximum of 14 days, legal practitioners have told BusinessDay.

The legal experts have said the suspension raises fundamental concerns about the Senate’s commitment to rule of law, saying that the action not only undermines legislative integrity but also weakens public trust in Nigeria’s democratic institutions.

The Nigerian Senate suspended the Kogi Senator- who is one of the four female senators out of the 109 members in the upper chamber, after she accused Godwin Akpabio, senate president, of sexual harassment.

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Akpoti-Uduaghan was barred from office from Thursday and will have her allowances and security withdrawn for six months.

What lawyers are saying

Victor Giwa, legal counsel to the Kogi lawmaker, dismissed the Senate resolution as a violation of a court order, saying that the Senate Committee on Ethics and Privileges acted in violation of a court order that allegedly restrained it from taking further action on the matter pending the determination of a motion on notice.

Similarly, lawyers who reacted to her suspension said the court has decided in a plethora of similar cases, including Ali Ndume’s case that suspensions should not exceed 14 days.

Ajibola Oduwole, Lagos-based lawyer and public affairs commentator, pointed out that it was time the Nigerian legislature generally explore other ways of dealing with recalcitrant members rather than resorting to prolonged suspensions.

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“The court has decided in a plethora of cases, including Ali Ndume’s case that suspensions should not exceed 14 days,” Oduwole said.

“I think that’s the standard that ought to have been applied. I’m not saying what the lady did was right or wrong, but her petition to the Senate did not follow due process, and on that ground, the petition was thrown out,” the lawyer added.

Oduwole further said that Akpoti-Uduaghan would likely get justice in court if she challenges the suspension, but added that it wwould be good for the federal lawmaker or anyone to substantiate allegations made.

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“Unfortunately, by the time the case is resolved, she would have probably completed her suspension. We also need to respect the institution of the National Assembly, especially the Senate.

“You can’t go around making allegations you cannot substantiate. Moreover, she mentioned that the allegations were from as far back as 2023. Why bring them up only now?

“To me, she doesn’t seem like a credible witness because, in the past, she alleged that some people sexually harassed her, which turned out to be false. Those are just the issues as I see them,” the lawyer further noted.

Also commenting, Solomon Okedara, lawyer and managing partner, Solomon Okedara &.Co, said for the Senate to maintain legitimacy and fulfil its constitutional mandate, it must lead by example, noting that Akpoti-Uduaghan is within her right to approach the court after her suspension for six months.

The lawyer said there were precedents in the past where the court had nullified the suspension of Senators, while citing the cases of Ali Ndume and Omo-Agege.

Okedara further pointed out that it was wrong for the Senate to go-ahead and suspend the Kogi Senator when there is a subsisting court order which was served on the committee.

“Given that Senator Akpoti-Uduaghan has invoked the jurisdiction of the court and a valid and subsisting order of the court has been served on the committee, the committee and indeed the Senate is bound by the order until the same is set aside,” the lawyer said.

Another senior lawyer, Lekan Ojo (SAN), also questioned the suspension, stating that she has a right to cry out to the public.

“They suspended her for what? For crying to the public. But again, there are certain things in life when you get to a particular stage or you attain a particular status in life, there are ways and manners in which you must go about particular things,’’ he noted.

Atiku, Obi, PDP caution Senate

Also speaking on the issue, Atiku Abubakar, former Vice President, who spoke through his media adviser, Paul Ibe, said Nigerian leaders were not creating an environment that enables women to thrive and contribute to the country’s development.

The Waziri Adamawa expressed concern over the Senate’s decision against Akpoti-Uduaghan, calling it an attack on affirmative action.

He stated, “Has there been an investigation? No. So, Atiku’s position hasn’t changed. Whichever way you look at this, there is a concern. Any society that does not optimally use the assets available to it, particularly by giving women the opportunity to thrive, is failing.

“About half of our population is women, and if we don’t deliberately create an environment conducive to promoting women’s interests, whether in politics, business, or any other human endeavour, we are underutilizing our potential.

“We’re not providing half of our population the opportunities to thrive and add value to society. With International Women’s Day coming up on March 8, it raises serious concerns. The Senate’s action of suspending Natasha for six months without conducting an investigation is an attack on affirmative action.”

Also Peter Obi, who spoke through Tanko Yunusa, his former media aide and the National Coordinator of the Obidient Movement Worldwide, also frowned at the development.

“The situation is quite disappointing,” he lamented.

The PDP Deputy National Youth Leader, Timothy Osadolor, criticised Akpabio for not stepping down to allow an independent investigation into the sexual harassment allegations against him.

Osadolor described the six-month suspension imposed on Uduaghan-Akpoti as shameful.

The PDP youth leader equally dragged opposition lawmakers for failing to speak out and make their voices heard when it mattered most.