Senate President Godswill Akpabio, has filed a notice of appeal to challenge the ruling of the Federal High Court, which ‘ordered’ the recall of suspended Senator Natasha Akpoti-Uduaghan to the Senate.
In a notice of appeal dated July 14, 2025, filed by Akpabio—through his lead counsel, Kehinde Ogunwumiju, SAN, Akpabio is seeking to overturn the July 4 judgment delivered by Justice Binta Nyako.
The High Court had described Akpoti-Uduaghan’s six-month suspension as “excessive” and without legal justification.
The appeal, marked CA/2025, arises from suit number FHC/ABJ/CS/384/2025, which was instituted by Senator Akpoti-Uduaghan to challenge her suspension from the Senate.
Akpabio’s legal team is contesting the High Court’s jurisdiction, insisting the matter concerns the internal affairs of the National Assembly and falls outside judicial purview as provided under Section 251 of the 1999 Constitution.
The Senate President in his 11 grounds of appeal, faulted the Federal High Court for dismissing his preliminary objection and for issuing orders affecting parliamentary procedures protected by law.
According to the Senate President, issues pertaining to suspension, words spoken during plenary, and Senate resolutions are safeguarded under the Legislative Houses (Powers and Privileges) Act and cannot be subjected to judicial interference.
The Senate President further claimed that Akpoti-Uduaghan’s suit was premature as it did not exhaust the internal dispute resolution mechanism of the Senate, particularly the Committee on Ethics, Code of Conduct and Public Petitions, as prescribed in the Senate Standing Orders, 2023 (as amended).
He also faulted the trial court for allegedly breaching his right to a fair hearing by raising issues not argued by any of the parties, including the question of whether Akpoti-Uduaghan’s suspension was excessive.
Akpabio said the judge erred by making recommendations for her recall without giving both sides an opportunity to address the issue.
“The court cannot grant a relief that was not asked for,” the appeal stated, pointing out that the Federal High Court’s recommendation that Senator Natasha be recalled was not one of the reliefs she sought in her originating summons. “The court crossed the line.”
Akpabio also accused the Federal High Court of procedural irregularities by merging interlocutory reliefs sought by Akpoti-Uduaghan with her substantive claims, despite their duplication.
He also argued that her suit should have been struck out for failing to comply with Section 21 of the Legislative Houses Act, which requires a three-month notice to be served on the Clerk of the National Assembly before initiating legal action.
Among other reliefs, Akpabio urged the Court of Appeal to allow the appeal and set aside the judgment of the Federal High Court, atrike out the duplicated reliefs contained in Akpoti-Uduaghan’s multiple applications, dismiss her suit for lack of jurisdiction and reject what he termed the trial court’s “advisory opinions” to the Senate, especially those relating to amending its rules or recalling a suspended member.
The former Akwa Ibom Governor also urged the court to invoke Section 15 of the Court of Appeal Act to resolve his preliminary objection and dismiss the entire case.
