Appeal Court Judgment Affirms Parliamentary Autonomy – Senate

The Senate has reacted to the judgment of the Court of Appeal, which  ruled that the Red Chamber acted within its constitutional powers when it suspended the senator representing Kogi Central, Natasha Akpoti-Uduaghan, over alleged misconduct.

In a unanimous judgment, a three-member panel of the appellate court held that Akpoti-Uduaghan’s parliamentary privilege and constitutional rights were not breached by her suspension.

The appellate court held that the Senate has the power to discipline any erring member and that, in the instant case, Natasha’s alleged fundamental right was never breached.

Justice Abba Bello Mohammed, who delivered the ruling, held that, by virtue of the provision of Section 66 (4) of the Senate’s standing rules, the Senate has the power to invoke disciplinary action to ensure orderliness in the conduct of the Senate’s proceedings.

Reacting to the judgment, Chairman Senate Committee on Media and Public Affairs, Senator Yemi Adaramodu, in a statement, said the “judgment decisively reinforces parliamentary autonomy and separation of powers, confirming that the Senate’s power to discipline its members is constitutionally protected and justiciable only where there is a clear breach of the Constitution or statute.”

Adaramodu further noted that “crucially, the Court held that lawful disciplinary action by the Senate does not infringe a member’s fundamental rights; such rights are not activated outside compliance with Senate rules governing participation.

“In effect, members must submit to internal legislative discipline, and courts will not intervene unless there is a demonstrable constitutional violation.”