Despite the Senate's warnings that her suspension is still effective and enforceable, Senator Natasha Akpoti-Uduaghan looks ready to return to plenary today. Using a recent court ruling as justification, the lawmaker for Kogi Central, who was suspended in March, disclosed over the weekend that she had officially informed the Senate of her wish to return. Before the six months are up, I have around two months left. At a constituency training program, she informed reporters, "But I have written to the Senate again, telling them that I'm resuming on the 22nd, which is on Tuesday, by the special grace of God."
Since the court made that decision, I will be present. They now contend that while it is a decision, it is not an order. Although her suspension did not prevent her from carrying out constituency programs, Akpoti-Uduaghan said that it had hindered her capacity to do essential legislative duties such as sponsoring bills and moving resolutions.
West Idahosa, her attorney and Senior Advocate of Nigeria, defended her position, arguing that the court ruling warranted her return. "A legislative action is attendance. In a phone conversation, he stated, "The constituents will decide whether to return to the Senate." "As far as we are concerned, we are focused on the appeal and other issues before the court."
"The suspension went beyond what the constitution allowed. That was made very clear there, after all. You mean that the plaintiff should return to her job when you state that she should. Even while we didn't particularly enjoy the conviction regarding the verdict, which we have now come to accept, I believe it is essentially an order.
"Let's see how the Senate responds now that she has stated her desire to leave and resume. Most importantly, however, the ruling has ended and she remains a senator of the Federal Republic of Nigeria. Additionally, keep in mind that the ruling said that a person may not be suspended for 180 days.
We just got back from a program in Okene, so I can't confirm that right now," he said, vowing to elaborate later. As of press time, he had not responded to further inquiries. The Senate says it is sticking to its earlier ruling to keep the senator out of the chamber until her suspension is over.
Yemi Adaramodu, the chairman of the Senate Committee on Media and Public Affairs, reiterated the Senate's stance on Sunday, cautioning that no legal order required her to be immediately recalled. For the third time, the Senate of the Federal Republic of Nigeria wants to reiterate that there isn't a court order requiring the Senate to recall Senator Natasha Akpoti-Uduaghan before her suspension ends, Adaramodu said.
He clarified that Justice Binta Nyako's decision from the Federal High Court did not issue a legally enforceable order compelling the Senate to reinstate the suspended legislator. Instead, the court issued a non-binding advisory asking the Senate to review the suspension and amend its Standing Orders, which it believed might be excessive.
In enforcing the disciplinary measure based on the senator's misconduct during plenary, the Senate did not violate any laws or constitutional provisions, the court specifically held, he explained. Therefore, he continued, "Senator Akpoti-Uduaghan's attempt to implement an imaginary order of recall that does not exist, while on appeal and having filed a motion for stay against the valid and binding orders made against her, is surprising and legally untenable."
He issued a warning that the suspended legislator would be deemed disruptive and in violation of legislative order if he attempted to enter the chambers today "under a false pretext." “The Senate will, at the appropriate time, consider the advisory opinion of the court on both amending the Standing Orders of the Senate, her recall, and communicate same thereof to Senator Akpoti-Uduaghan.
The statement concluded, "Until then, she is respectfully advised to avoid the Senate chambers and allow due process to run its full course."
The Senate's six-month suspension of Akpoti-Uduaghan was declared harsh, unconstitutional, and an infringement on the rights of her constituents by Justice Binta Nyako of the Federal High Court in Abuja on Friday. The senator was also fined N5 million by the judge for contempt for a satirical Facebook post that was directed at Senate President Godswill Akpabio. The post was alleged to have broken a previous court order that prohibited public discussion of the issue.
The court strongly recommended that the Senate review its internal rules and consider shortening the suspension period, but it refrained from issuing a mandatory recall order. The Senate maintains, however, that it will not take any action until it has acquired and examined the Certified True Copy of the ruling.
All eyes are now on the Senate chambers as tensions build over what may turn out to be a pivotal legal and political test for judicial oversight and legislative authority, with both sides digging in.
