Justice Binta Muritala-Nyako has ruled that the six-month suspension imposed on the lawmaker representing Kogi Central in the Senate, Senator Natasha Akpoti-Uduaghan was illegal and “excessive.”
The Court ruled that Chapter 8 of the Senate Standing Rules and Section 14 of the Legislative Houses (Powers and Privileges) Act, which the court described both as “overreaching” and failing to specify a limit for how long a serving lawmaker can be suspended.
The court ruled that Senate Standing Rules provides “Since lawmakers have a total of 181 sitting days in every legislative calendar, suspending a senator for six months, equivalent to roughly 180 days, essentially deprives the constituents of representation.”
The court, however, affirmed that the Senate retains the constitutional power to discipline its members, but ruled that such sanctions must not deny citizens their right to representation.
“A legislative house has the power to sanction its members, but such punishment must not be excessive to the point of stripping constituents of representation,” the court ruled.
The court further dismissed claims that Senate President Godswill Akpabio acted improperly when he denied Senator Akpoti-Uduaghan the right to speak during plenary, stating that she was not occupying her officially designated seat at the time.
On the other hand, Justice Nyako rejected the argument of the President of the Senate that claimed that the court lacked jurisdiction in the matter.
The court clarified that the issue of suspension directly affects the constitutional rights of both the lawmaker and her constituents, thereby making it a justiciable matter.
“The matter is not a mere internal affair of the Senate. It touches on the rights of voters and their elected representative,” the court noted.