Senate President Godswill Akpabio has filed an appeal at the Court of Appeal challenging the Federal High Court judgment that ordered the recall of suspended Senator Natasha Akpoti-Uduaghan.

The appeal seeks to overturn the July 4 ruling delivered by Justice Binta Nyako in Abuja. Akpabio’s legal team is contesting the jurisdiction of the lower court, arguing that the matter pertains to the internal affairs of the National Assembly, which are shielded from judicial interference under Section 251 of the 1999 Constitution.

In the 11-ground appeal, Akpabio argued that matters involving suspension, words spoken during plenary, and Senate resolutions are protected under the Legislative Houses (Powers and Privileges) Act and should not be subject to litigation.

He further claimed that the suit was premature, as Akpoti-Uduaghan failed to exhaust internal dispute resolution mechanisms, particularly the Senate Committee on Ethics, Privileges and Public Petitions, as mandated by the Senate Standing Orders, 2023 (as amended).

The Senate President also faulted the trial court for allegedly breaching his right to a fair hearing. He argued that the judge introduced and ruled on issues not raised by either party, including whether Akpoti-Uduaghan’s suspension was excessive. He added that the court erred in making recommendations for her recall without first giving both parties a chance to address the matter.

Akpabio also accused the Federal High Court of procedural irregularities, alleging that it improperly merged interlocutory reliefs sought by Akpoti-Uduaghan with her substantive claims, despite the duplication of reliefs. Additionally, he 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 pre-litigation notice to be served on the Clerk of the National Assembly.

Among other reliefs, Akpabio is asking the appellate court to:

• Allow the appeal and set aside the judgment of the Federal High Court;
• Strike out the duplicated reliefs in Akpoti-Uduaghan’s applications;
• Dismiss her suit for lack of jurisdiction;
• Reject what he described as “advisory opinions” issued by the trial court to the Senate, including recommendations to amend its rules or recall a suspended member.

He is also urging the court to invoke Section 15 of the Court of Appeal Act to rule on his preliminary objection and dismiss the entire case.