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Senator Natasha Akpoti-Uduaghan: What really is Justice Binta Nyako’s judgement?

Published

10 months ago

July 24, 2025

Whirlwindnews

By Olufemi Aduwo

In the interpretive hierarchy of judicial pronouncements, it is an elementary but enduring principle of law that obiter dicta, however persuasive or pronounced from the loftiest judicial altars, do not assume the force of law. The binding component of a judgment is the ratio decidendi — that is, the legal principle or rationale underpinning the decision, and not the ancillary observations, philosophical musings, or moral exhortations of the bench.

In the matter involving Senator Natasha Akpoti-Uduaghan, the pronouncements of Hon. Justice Binta Nyako, in so far as they relate to the suggested recall of the Senator during the pendency of her disciplinary suspension, amount to no more than judicial advisories. The court, in its wisdom, did not issue a mandatory order of mandamus, declaratory relief, or injunctive decree compelling the Senate to take immediate steps towards reinstating the suspended legislator.

Judicial enforceability is not triggered by oblique inferences or moral nudges cloaked in robes of legal commentary. A valid and enforceable judicial directive must be expressed in unequivocal, operative terms, preferably located in the dispositive segment of the judgment, and must be accompanied by a consequential order capable of execution through the coercive apparatus of the State.

The absence of any such operative relief in the instant case renders any reference to reinstatement legally impotent. No institution, including the National Assembly, is under a legal obligation to act upon a judicial observation that is not tethered to an enforceable command.

Indeed, the Supreme Court has in numerous authorities reaffirmed that obiter dicta, while useful for academic, policy, or interpretive guidance, cannot metamorphose into binding law. In Global West V. Democratic Peoples Party (2016) LPELR-40053(SC), the apex court reiterated that “opinions which are not necessary for the resolution of the issues before the court do not constitute binding precedent.”

Thus, in the instant case, any narrative seeking to equate a judicial obiter with a binding legislative compulsion is a gross distortion of both legal principle and procedural propriety. Courts are not advisory councils; when they intend to bind, they do so with the unmistakable force of law, not with advisory innuendo.

Consequently, it is legally untenable for any party to predicate action on an observation that lacks the defining features of an enforceable judicial act. The Senate, as a coordinate arm of government with constitutionally protected autonomy in regulating its internal procedures eg Section 60 of the 1999 Constitution (as amended), cannot be coerced into implementing what is essentially a judicial suggestion, with absent definitive and enforceable judicial command.

Notwithstanding Senator Natasha Akpoti-Uduaghan’s disobedience to pay the contempt fine of N5m, apology in two national dailies and her Facebook page, had her appeal at the Court of Appeal been withdrawn before she went to the National Assembly on Monday, July 21st, to enforce the “judgement” of the Federal High Court?

In summary, the judgment of Justice Nyako, properly construed, does not impose any legal obligation on the Senate to reinstate Senator Akpoti-Uduaghan prior to the expiration of her suspension. Any claim to the contrary is not only jurisprudentially misleading, but also institutionally disruptive, as it threatens the delicate equilibrium of powers enshrined in our constitutional architecture.

•Olufemi Aduwo, President, Centre for Convention on Democratic Integrity Ltd., writes from Abuja.

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Presidency: Nigeria needs me now! – Makinde *They’ve pushed us to the wall

Published

51 minutes ago

May 14, 2026

Whirlwindnews

Seyi Makinde of Oyo State, Governor of Oyo State, on Thursday, finally threw his hats into the ring by declaring his intention to run for president in 2027, with a message – history beckons.

The governor, whose ambition has been a matter of speculations for months now and who had teamed up with forces angling to force President Bola Tinubu, out of power, told a teeming crowd in Ibadan on Thursday that time had come to reset Nigeria.

At a mega-rally to announce the alliance between the People’s Democratic Party (PDP), and the Allied Peoples’ Movement, (APM), Makinde, expressed worry over the dwindling fortunes of Nigerians, vowing to engage Nigerians to end the drift.

Hear him: “Without a multi-party system, there is no democracy. Where is our multi-party? Where do we go from here? We have been pushed to the wall.

“They calculated and self-opposition cannot unite but I am here to say that the opposition is the everyday Nigerian. This is the time for all us to ensure Nigeria works for us. This is the time to confront it fears. It is time to engage as citizens and not spectators.

“For the opposition political parties, this is the time to unite and work in unity and give our nation the much reset it needs. The time to reset Nigeria is now. Ibadan is the city of warriors. The first grand alliance is formed. The PDP and APM is formed. This handshake will allow us to field candidates from presidency to state Assembly. And so, I declare my candidacy for office of the president of Nigeria.”

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I saw hell in the hands of EFCC – UUTH doctor *I’m still traumatised

Published

1 hour ago

May 14, 2026

Whirlwindnews

Eyo Ekpe, a professor of cardiothoracic surgery at the University of Uyo Teaching Hospital (UUTH), on Wednesday, gave a detailed account on how operatives of the Economic and Financial Crimes Commission (EFCC) manhandled him on Monday.

He told reporters that he was at sea on why he should fall victim to the assault against his person and eventually arrested given that was not right person directly involved in the information the agency sought.

Some operatives of the EFCC who invaded the hospital, had whisked Ekpe away after firing teargas to scare away the workers, patients and visitors to the hospital, following what appeared like a fracas the ensued over what it claimed was a routine duty in the facility.

Ekpe, Deputy Chairman of the hospital’s Medical Advisory Committee (MAC), described how an operative had first entered his office to make inquiries on why the hospital was yet to give a response to an EFCC inquiry over a medical report linked to a suspect facing trial.

He detailed how he briefed the operative that the said response was being prepared and even went ahead to show him the draft of a letter in that regard, which needed to go through the gamut of official endorsement before being released.

Hear him: “The head of that internal medicine department looked at the report and also discovered that the name of the doctor that signed the report is not a member of staff of that department.

“I had prepared prepared a response to the EFCC on Monday, May 11, 2026, based on the findings. When the EFCC operative visited my office the next morning to collect the document, I told him that the response was ready in draft. I even showed him the draft, but told him that the document still needed approval from the Chief Medical Director (CMD) of the hospital before it could be officially signed and released.

“He pretended to have accepted that. He left, but later later returned with another armed operative and informed me that I was under arrest. I asked him why. I was not the one that issued the medical report. My name is not on the medical report. The report was not issued from my unit.

“But he said I would get the answer when I get to their office. I then asked him to at least wait for my staff member who I sent on an errand before joining them. But they refused.

“They started pushing me. They dragged me out of the office. Then I began to cry while they were dragging me. They had warned me not to speak. They had taken my phone. My cry as they were dragging me, attracted the workers to the scene, who enquired what was going on, but because they ordered me not to speak, I couldn’t say anything. They had their guns.

The members of staff of the hospital initially blocked them from taking me away. They then made a call. After that I saw many masked and armed men came violently, broke the protector, threatening the people that were around and people ran away.

“They picked some staff that were still by me. they dragged me and other staff, five of us into their van downstairs. By that time they discovered that the gate of the hospital were locked. So, they drove towards the gate and packed and the commotion continued. We were inside the van.

“I was so emotionally and psychologically traumatised that I couldn’t even look out of the vehicle to see what was happening outside. But I know that teargas and live bullets were shot. That’s all I can say for now.”

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We raised alarm over Malami’s huge transactions, bank tells court

Published

2 hours ago

May 14, 2026

Whirlwindnews

Joyce Abdulmalik, of the Federal High Court, Abuja, heard on Wednesday, how Zenith Bank raised alarm over the huge transaction in one of its branches by Abubakar Malami, former Attorney General of the Federation and Minister of Justice (AGF-MoJ).

The bank said it immediately filed a Suspicious Transaction Report (STR) in respect to the transactions, during its appearance in the ongoing trial of Malami, his wife, and son over allegation of massive looting of funds belonging to the Federal Government during his tenure.

Mashelia Bata, a compliance officer with the bank, who appeared as witness in the case, where Malami, et al, are facing a 16-count charge bordering on alleged money laundering to the tune of N8.7 billion, to which they pleaded not guilty, gave the testimony while being questioned on the bank’s roles in the matter.

Details of the testimony conveyed by the Economic and Financial Crimes Commission (EFCC), stated how the compliance officer who was cross-examined by Adebayo Adedeji, lawyer to the defendants admitted that the deposits in the account statements complied with the guidelines of the Central Bank of Nigeria (CBN).

Arguments had stretched when Adedeji, opposed Jibrin Okutepa (SAN), lawyer to the EFCC, who had asked the witness to explain the meaning of a suspicious transaction report, stressing that there was no ambiguity in the term.

However, Okutepa, in response, maintained that section 215(3) of the Evidence Act did not preclude him from re-examining the witness while urging the court to allow the question for proper explanation.

After Abdulmalik, agreed and overruled Adedeji, the witness told the court that banks were required to alert the Nigerian Financial Intelligence Unit (NFIU) about fund deposits coming in a repetitive pattern, adding: “Any deposition of funds seen in a pattern or repetitive, you must escalate it to the NFIU.”

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