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Why court can’t void Senate’s suspension of Natasha Akpoti-Uduaghan

Published

10 months ago

July 4, 2025

Whirlwindnews

By Ken Harries Esq

The foundation of constitutional democracy across Europe and America has been deliberately built over the centuries on the strict and faithful adherence to the principle of separation of powers which demands respect for the autonomy of each arm of government.

Therefore, The Nigerian federation, as an entity which practices constitutional democracy has expressly provided in Section 4, 60 and 101 of the 1999 Constitution (as amended) that the Legislature of the Federal Republic of Nigeria has the constitutional authority to regulate its internal affairs, including the protection of the sanctity of its established procedures and practices, and discipline members whose conduct (or misconduct) attempt to desecrate the solemn norms of the hallowed chambers.

In the exercise of the constitutional powers and authority of the National Assembly as an arm of government, the Senator Natasha Akpoti-Uduaghan, representing Kogi Central, was suspended on 25th day of February,2025 following her ignominious display of crass disrespect to parliamentary rules, and her misconduct on the floor of the Senate. That despicable act of gross abuse of parliamentary privilege by the suspended Kogi Central Senator, which was not only witnessed by the Nigerian public, including the innocent young students who were all seated in the Senate gallery for the purposes of learning the ethics/etiquettes of standard parliamentary practices, sadly became an obscene piece of destructive cinematic content circulated across the world via the internet and other media platforms to vent avoidable damage on the fragile public image of Nigeria in the comity of Nations.

That overwhelming resolution by the Senate which approved the suspension was actually well founded upon the enormity of the ethical breaches by Senator Akpoti-Uduaghan and the negative impact of same on the institution of the Senate. The Senate Committee on Ethics, Privileges, and Public Petitions painstakingly followed due process in the exercise of its assignment of investigation on the matter.

The detailed records of the committee had clearly confirmed that there was strict adherence to the standard procedures.The constitutional right to fair hearing was upheld and she was afforded adequate opportunity to respond and to defend the case against her, and it was upon the conclusion of all the processes that a case of gross misconduct was established and then recommendations approving her suspension were subsequently adopted by the Senate in plenary session.

In defiance of the laid down practice and procedure of the Senate as an institution , the Senator hastily initiated an action in the High Court, and the court was misled in the process to issue an interim order restraining the institution of the Senate from performing its constitutional functions in proceeding with its internal investigation. That interim order which became a subject of review offends settled constitutional principles.

Again, under Nigeria’s constitutional democracy,the judiciary, empowered under Section 6 of the Constitution to perform its functions, is not imbued with powers to interfere or usurp the legislative functions/powers granted to the National Assembly under Section 4, and therefore cannot interfere with the duly established internal disciplinary procedures of the legislature provided for in Sections 60 and 101.

Worthy of note is the fact that comparative constitutional jurisprudence also effectively supports the established position that the courts or judiciary, as a separate arm of government, have no powers to interfere or derail the functioning of the legislature. In the United States of America, Article 1, Section 5, Clause 2 of the U.S Constitution empowers the legislative houses (the Senate and the Congress) with exclusive jurisdiction to discipline their members whether by means of suspension, expulsion or even a fine.

The House Committee on Ethics in Congress may issue reprimands, censures, and other disciplinary measures without judicial interference. Similarly, in the United Kingdom, which operates an unwritten constitution, the Parliament (House of Commons and House Lords) draws its powers to regulate its own proceedings and discipline its own members from the Common Law and Statutes, particularly Article 9 of the Bills of Rights 1689 which expressly stipulates amongst others that “… proceedings in parliament ought not to be impeached or questioned in any court or place out of Parliament.”

It is founded upon this law that a member of the British Parliament can be suspended or disciplined in accordance with their internal rules.

Back in our clime, perhaps in consonance with global best practice of constitutional democracies, the Supreme Court of Nigeria in a settled judicial precedent had long upheld the doctrine of the non-justiciability in respect of established internal legislative proceedings of the National Assembly (Senate and House of Representatives). The courts cannot therefore interfere with the legislature in the performance of their assigned constitutionally functions and powers to self-regulate itself as an institution in the discipline of its members. In fact, anything to the contrary would only be a recipe for anarchy and instability in our legislative houses both at the national and sub-national levels.

In the considered view of a respected Professor of Law, Ali Ahmad, a renowned constitutional law expert who also possesses requisite cognitive experience as a former lawmaker, an interim order of a court lacks the constitutional current to halt or disrupt the powers of National Assembly in the exercise of its core functions as established under the community assemblage of Sections 4, 60 and 101 of the Constitution.

As a matter of judicial construction, Sections 4, 5, and 6 of the 1999 Constitution of the Federal Republic of Nigeria operate on equal footing; absolutely none is superior to the other. Therefore, any judicial attempt to restrain the legislature from executing its powers amounts to a violation of the time-honored principle of separation of powers.

Senator Akpoti-Uduaghan’s claim that her suspension was retaliatory, allegedly due to accusations against the Senate President, is, at best, a watery face-saving and misleading narrative,unsupported by any shred of evidence or the documented proceedings. The suspension followed due process under the Senate’s Standing Orders, and certainly not a violation of her fundamental rights. Her decision to ignore the Senate Committee’s invitation and instead resort to social media and the courts undermines the principle of parliamentary accountability.

In conclusion, the Senate acted within its constitutional and procedural authority. The judiciary lacks the jurisdiction to invalidate or interfere with the Senate’s internal disciplinary processes. Any attempt to do so would be tantamount to judicial overreach and a breach of Nigeria’s constitutional order.

The Doctrine of the Separation of Powers must be respected and preserve.

*Ken Harries Esq is an Abuja-based Lawyer and Development Communication Strategist.

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News

BREAKING: Succour for ADC! S’Court restores Mark’s leadership!

Published

3 hours ago

April 30, 2026

Whirlwindnews

Succour came the way of the David Mark, following the restoration of his leadership of African Democratic Congress (ADC), by the Supreme Court, which removed the order by the Court of Appeal for parties to maintain status quo ante bellum pending the determination of its leadership crisis at the Federal High Court, Abuja.

The apex court, in a unanimous decision by a five-member panel headed by Justice Mohammed Lawal Garba, held that the Abuja Division of the Court of Appeal acted beyond its jurisdiction by unilaterally issuing such an order after it had already dismissed a case that was brought before it by one of the factions.

“Giving such an order in an appeal it had already dismissed was unnecessary, unwarranted and improper,” the Supreme Court held.

It held that the appeal that was filed before it by Senator David Mark succeeded in part, even as it dismissed the aspect that challenged an ex parte order the Federal High Court made for service of processes in the suit filed by aggrieved members of the party.

The apex court directed the factions to return to the trial court for continuation of hearing of the case.

It will be recalled that the Independent National Electoral Commission (INEC) had removed Mark and Rauf Aregbesola from its portal and website as ADC National Chairman and Secretary, respectively, on April 1, citing the Court of Appeal’s judgment.

The electoral body said it would, in line with the order for maintenance of the status quo ante bellum, not recognise any of the warring factions until the legal dispute is determined.

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Features

Jim Nwobodo: The Sun shines, thrills, at ‘The Vanguard Awards’

Published

5 hours ago

April 30, 2026

Whirlwindnews

By Sunny Igboanugo

Between sports and politics, it is difficult to ascertain which is more potent in delivering the dividends of popularity. But in a situation where the two are combined, what is the outcome? It is predictable – a two-fold if not multiple-fold of that.

Evidence of that reverberated last Saturday, when the floors of the Eko Hotels and Suites, Vitoria Island, Lagos, shook to its foundation, with the rooftops almost caving in, while announcing the entrance of Jim Ifeanyichukwu Nwobodo – a man adorned with the garlands from the two worlds after striding through them like a colossus.

For many youngsters who had wondered why the entire atmosphere at the main hall of the prestigious hotel echoed with Jiiimmm – jiiimmm – jiiimmm, the answer was not farfetched. The man that had just walked in had etched his name in the hearts of the people in many ways.

For instance, his tenure marked Nigeria’s most glorious era in sports. Everyone reckons with the Super Eagles of 1994 as the best the country has attained so far in global football reckoning. That, no doubt could easily be attributed to the Nwobodo magic.

As Minister of Sports and Youths Development, it was to his name that Nigeria recorded two major prestigious trophies that put its image on the global sports map – the 1994 African Cup of Nations (AFCON), the second time Nigeria would lift it and of course the globally-acclaimed Atlanta gold medal in football at the 1996 Olympics in the United States.

In this glorious era, Nigeria found its name on the envious list of global sports – not only winning AFCON for the second time in 1994, appearing at the World Cup in the same year, becoming the number one in African football and number five in the world ranking it crowned it all with the spectacular Olympics feat, with the contingents coming home with six medals – two golds, one silver and three bronzes – the best performance ever.

Even his foray into politics had a large component of sports in it, having led then Rangers Football Club of Enugu, as Chairman to its first major continental trophy – the African Cup of Winners in 1977. It was his launchpad into politics so much that his name and face were already quite familiar with the people.

From position of the Chairman, Anambra branch of the defunct Nigerian Peoples Party (NPP), he got elected as the first Executive Governor of the old Anambra State comprising what is today, Enugu, Anambra and Ebonyi States.

In government that lasted from October 1, 1979 to October 1, 1983, he left a legacy that till date remains unmatched by succeeding governments – military and civilians – in infrastructure, education, hospitality among others.

Talk about the Nike Lake hotel, Nike, Enugu; old Anambra State Television, now split into Enugu State Broadcasting Service (ESBS) and Anambra State Television Service (ABS) Awka, Anambra State University of Science and Technology (ASUT), now split into Enugu State University of Science and Technology (ESUT) Enugu and former Anambra State University of Science and Technology (ASUTECH) Awka, now upgraded to the Nnamdi Azikiwe University (UNIZIK), Awka.

There were also the Ikenga Hotels (with branches in Enugu, Onitsha, and Awka); the Nnamdi Azikiwe stadium, Enugu; Eha Amufu College of Education; and College of Education Nsugbe, Nsugbe, now Nwafor Orizu College of Education, Nsugbe.

One of the most flamboyant politicians ever to strut the rostrum in Nigeria, Nwobodo, who cut the image of not only a consummate fashionista but one whose uniqueness stood him out among his peers, also made it to the National Assembly as Senator representing Enugu East in the class of ’99-2003.

Gifted with immense public appeal, with penchant to attract the crowd like honey to bees, the energy his entrance generated as well as the ululations at Saturday’s event, was only too natural and emblematic of a man used to stealing the show at public gatherings.

The spontaneous reactions were simply consequent upon which aspect of him impacted the motley crowd comprising the high and mighty. For those from the South East, many still basking in the reverberating echoes of the politics of pasts, it was still the iconic Jim that had just walked in – a hero, whose name still lit fires in their bellies.

For others, it was the entrance of the most iconic, most esteemed and most revered Igbo leader alive today. The language of the Ogene music and the electrifying performance of the troupe from the South East delivered that part of the message most clearly.

Others recalled the Jim Nwobodo, who as Minister, not inspired the resilience with which the Dream Team, Nigeria’s most of prestigious football team mesmerised the world including the duos of the almighty Brazil and Argentina and returned home with the gold medal from the Olympics and the fanfare that followed the outcome in the streets of Abuja to Lagos, Enugu to Kano and Port Harcourt.

Yet, many must have recalled the effervescent governor of the second republic in the league of progressives, made up of young, vibrant and visionary politicians of that era imbued with fresh ideas of how to move Nigerian into the league of developed nations.

But ultimately, many would surely see the figure that had just walked into that arena as one of the remaining political icons of the class of ’79 – in fact, one of the only two governors of that era still standing today outside Alhaji Awal Ibrahim of Niger State.

So, it was not for nothing that the crowd cheered endlessly as the ex-governor, ex-Minister and Senator made his grand appearance. Nobody would be in doubt that he deserved every bit of attention and recognition.

Any such doubts would be cleared not only by the deluge of ululations from the audience, sustained accolades from both the organisers and fellow recipients, but also by the quality of personalities accompanying the elder statesman, from his homestead, of course, led by Peter Mbah, Governor of Enugu State.

Now, how would this enchanting event have ended without introducing the angle of Pat Nwobodo, the delectable wife and soft side of the Jim brand. The goddess of the Nigerian stock market, financial guru and former Managing Director and Chief Executive Officer (MD-CEO) of Savannah Bank Plc was there in tow.

Standing by her husband to whom she had graduated beyond a wife, partner, an ally a friend, to the major pillar along the path of the build-up and along the twist and turns of politics, statecraft, completed the picture of the evening.

Indeed, The Vanguard Lifetime Achievement Award for 2025, would be added to the list of the various trophies hanging on the walls of this octogenarian politician, sports enthusiast and administrator, leader of men and material and statesman extraordinaire.

But it certainly would not end there. The greater laurel is the imprint of his legacy in the hearts of his admirers as was showcased by the crowd which welcomed him with that loud ovation. That would be the more long-lasting – the more enduring.

For as the sage himself told the audience, while appreciating the recognition – getting awards while one was in power, could be good – but getting awards outside power, remained the more enduring, because it emblemised good memories – the best legacy of man on earth.

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BREAKING: Makinde, Turaki, lose! *S’Court affirms Wike’s PDP leadership

Published

6 hours ago

April 30, 2026

Whirlwindnews

The Supreme Court on Thursday, finally nailed the Seyi Makinde camp of the Peoples Democratic Party (PDP), which also includes Bala Muhammed, Governor of Bauchi State, by nullifying the national convention held in Ibadan, Oyo state, on November 15 and 16, 2025, which produced Taminu Turaki as National Chairman.

Justice Stephen Adah, who read the majority judgement in a two-three split decision of the five-member panel of the apex court, dismissed the appeal filed by the camp, which had earlier lost at the Court of Appeal, for lacking in merit.

Adah, said the camp not only violated a susbsisting order of the federal high court which restrained it from proceeding with the planned convention, adding that such defiance of an existing judgment of the Federal High Court, delivered by Justice James Omotosho would not be condoned by law.

Berating the Turaki-led group for going on to another court of coordinate jurisdiction to secure an order, instead of going on appeal, the apex court described the move as an abuse of court process, adding that any litigant who engaged in the act of abuse of court process would do so at his or her own peril.

The majority judgment dismissed the appeal for lack of merit.

The Turaki group had asked the Supreme Court to set aside a Court of Appeal ruling that voided the convention for breaching a subsisting court order.

Through their counsel, Paul Erokoro (SAN), the appellants urged the apex court to uphold the convention and dismiss a cross-appeal filed by a rival faction loyal to the Minister of the Federal Capital Territory, Nyesom Wike.

However, the respondents, including former Jigawa State Governor Sule Lamido, contended that the dispute transcends internal party matters and centres on disobedience to a valid court order.

Lamido had earlier obtained a Federal High Court injunction barring the PDP from holding the convention until he was permitted to contest for the position of national chairman.

Despite the order, the party went ahead with the exercise—an action later declared unlawful by both the trial court and the Court of Appeal.

The appellate court further ruled that the matter was not protected under the doctrine of internal party affairs and accordingly nullified the convention.

The apex court further held that political parties are the vehicle through which politicians get to public office, hence they have a responsibility to obey court orders in deference to the rule of law.

Stressing that once a party knew of an order of court, it was bound to obey it, the court held: “The conduct of the national convention of November 15, 2025, is null and void and is hereby nulled. This court will not lend its machinery to any litigant who abuses the process of the court. This appeal is lacking in merit and is hereby dismissed. Parties will bear their own costs,” it added.

Justice Haruna Samani, in the minority judgment he read, maintained, among other reasons, that the process of who runs a political party is the internal affairs of the party, and therefore not within the jurisdiction of the lower courts.

This position was also supported by Justice Abubakar Umar, who cited an earlier ruling of the Supreme Court, which states that any matter that does not concern primary elections of political parties is not a pre-election matter and therefore not justiciable.

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