Ime Akpan
The Peoples Democratic Party (PDP) and some senior lawyers have criticised the senate for stalling the return of the suspended representative of Kogi Central senatorial zone, Mrs Natasha Akpoti-Uduaghan to resume her legislative responsibilities.
Akpoti-Uduaghan was suspended by the senate on March 6, 2025, over allegations of misconduct.
Her lawyer, Mr Victor Giwa, had disclosed that she was preparing to resume when the senate reconvenes on September 23.
However, the senate had via a letter dated September 4, 2025 and signed by the acting clerk of the national assembly, Dr. Yahaya Danzaria, blocked the senator’s return, citing a pending case at the Court of Appeal.
“I am directed to acknowledge the receipt of your letter notifying this office of your intention to resume sitting and other legislative duties on September 4, 2025 which you claim is the date of expiration of your 6 months suspension imposed on you by the senate.
“I am further directed to inform you that your suspension was with effect from Thursday, 6th March 2025 and draw your attention to the fact that the subject matter of your suspension is presently before the Court of Appeal.
“The matter therefore remains subjudice, and until the judicial process is concluded and the senate formally reviews your suspension in the light of the court’s pronouncement, no administrative action can be taken by this office to facilitate your resumption.
“You will be duly notified of the senate’s decision on the matter as soon as it is resolved.
“Please, accept Distinguished Senator, the assurances of my highest regards,” the clerk wrote.
Reacting to the senate’s stand, the PDP in a statement by its spokesman, Mr Debo Ologunagba, said the action of the clerk “smacks of a calculated attempt being orchestrated by the Senator Akpabio-led All Progressives Congress (APC) senate leadership to abridge the right of representation of the people of Kogi Central Senatorial District and deny them a voice at the highest law-making body in the country.”
He added: “The Peoples Democratic Party condemns in the strongest terms possible, the attempt by the Clerk of the National Assembly to bar Senator Natasha Akpoti-Uduaghan from resuming at the Senate after the unjust six months suspension imposed on her by the Senate President, Senator Godswill Akpabio.
“The attempt to use the National Assembly establishment against an elected Senator of the Federal Republic of Nigeria in gross violation of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Standing Rules of the Senate is highly provocative and constitutes a clear and present danger to democracy and overall stability of our country.
“It also comes as part of the antics being deployed severally by the APC-controlled Senate and the Federal Government to suffocate the opposition which further confirms the creeping totalitarianism in our country under the APC government.”
The PDP urged the senate president to address the allegations against him rather than using the national assembly to harass and sideline Akpoti-Uduaghan, insisting that her six-month suspension was unjust.
“The reported action by the Clerk of the National Assembly against Senator Akpoti-Uduaghan further brings to the fore the allegations of attacks on the right of women and sustained attempts to stifle their voices as witnessed in the various accusations of harassment against women levelled against the current Senate President, Senator Godswill Akpabio over the years.
“The PDP demands that the Senate President should come clean on the various allegations instead of seeking to use the national assembly establishment to further harass, intimidate and keep Senator Akpoti-Uduaghan away from the Senate.
“Our Party strongly cautions the Clerk of the national assembly to withdraw the said letter and play by the rules by being neutral as a bureaucrat and not allow himself to be politically entangled and used as a tool to undermine democracy and the Rule of Law in the National Assembly and Nigeria,” Ologunagba said.
While charging Akpoti-Uduaghan to discountenance the Danzaria’s letter and get ready to resume at the senate, the PDP demanded that the senate leadership ensures that the Kogi Central representative is allowed to resume her duties and perform her roles as an elected senator unhindered.
“Our Party strongly cautions the Clerk of the National Assembly to withdraw the said letter and play by the rules by being neutral as a bureaucrat and not allow himself to be politically entangled and used as a tool to undermine democracy and the Rule of Law in the National Assembly and Nigeria,” he Ologunagba stated.
In his reaction, a senior lawyer, Mr Wale Balogun, contended that the senate should respect constitutional democracy and not further deprive Akpoti-Uduaghan’s constituency of representation.
“I feel that the Senate should be magnanimous in the interest of a constitutional democracy. It’s not only about Senator Natasha. They should remember it’s about the good people of Kogi Central senatorial district, and it’s about the constitutional democracy that we practice.
“So, candidly, I do not share the sentiment of the Senate with respect to that position. Now, we are talking of two different scenarios. The first scenario is a suspension by the Senate, which I want to discuss with you.
“So, it’s a suspension from the Senate, that’s the first primary issue, which is for a defined period of time, for six months. The second issue is the fact that suspension is now a subject matter of litigation that is ongoing. So, these are two separate things. Now, she has, by exclusion of time, which is the six months as prescribed, whether rightly or wrongly, the subject matter of which is pending in court. So, by exclusion of that time, the woman has now spent six months, and now the six months are over. So, naturally, that brings an end to those six months, because in other words, she has served the suspension,” he said in an interview with Punch.
On the pending court case cited by the clerk of the national assembly, Balogun said: “The issue that is in court is a separate case. It’s a secondary issue arising from this primary issue. So, the court can still uphold her suit to say, No, you didn’t suspend her rightly. You know, they took away all her allowances, salary and others. The decision of the court will now give life to it.
“So, since the suspension has ended, she is supposed to be able to go back to the senate, but the lawfulness or otherwise is still a subject matter that will continue in court, even though she has spent the time, just like the prisoner who has spent his time. But whether he’s been wrongfully convicted, now, just like this senator, whether she was wrongfully suspended, will continue. The court will now pronounce one way,” he said.
Similarly, another senior lawyer, Mr Paul Obi said keeping Akpoti-Uduaghan outside the Senate chambers, after serving her six-month suspension is wrong, unjustifiable, overreaching and an overkill.
“I don’t think that will be an action that is justifiable under the law, because you have put the woman on suspension for six months. She has tried to get the courts to reverse that. She has tried to get public opinion, sympathies and national communities to reverse that,” he said.
He argued that the senate trying to use the judicial process to extend the six months would be ultra vires in the powers of the senate.
“I don’t think they will have that constitutional power to do that, and I think that would be overreaching and overkill. The woman has served her punishment for what she did, by your own rules and by your own prescriptions. Allow her to return to the Senate to do her job for her constituency. They have no justification for that attempted extension of her suspension, because that’s what it is. They want to extend the suspension surreptitiously. That’s not right,” he added.
Similarly, Ebun-Olu Adegboruwa (SAN) said the Senate was overreaching itself in not allowing Akpoti-Uduaghan to resume in the Senate until the case is determined by the court.
For his part, Ebun-Olu Adegboruwa said argued that case pending in court cannot be the reason to extend her suspension illegally.
“I think the Senate is overreaching itself with this position. First, the suspension of the Senator was for six months, which was limited by time. Once the six months expire, she should be allowed to resume her seat in the Senate automatically. Failure to allow her to resume is indirectly extending the suspension beyond six months, without a valid resolution of the Senate to that effect. There is no such resolution at the moment. The case pending in court cannot be the reason to extend her suspension illegally.
“Second, the court case being referred to relates to the six-month suspension, as to its validity and constitutionality. The appeal flowing from that case is also limited in scope to the six-month suspension. Anything to the contrary will portray the Senate as being vindictive and petty.
“Third, the point was made by the trial court that the period of suspension should not exceed the usual sitting days of the Senate for a session. To refuse her resumption after the six months will be to make the suspension indefinite,” he said.