For the second time in her pursuit for the quashing of the suspension handed her by the Senate on March 6, 2025 came to naught on Monday, with the Court of Appeal affirming the judgement of the Federal High Court, Abuja on the matter.
The appellate court held that the court below was right in holding that the suspension of the Senator representing Kogi Central at the National Assembly was withing its rights.
Emphasising the rights of the Senate to discipline any erring member, the court held that in the instant case, Uduaghan-Akpoti’s fundamental right was never breached as she alleged, adding that the Senate had the power to invoke disciplinary action to ensure orderliness in the conduct of Senate’s proceedings.
Justice Abba Bello Mohammed who read the the lead judgement corroborated by his colleagues, dismissed the grounds on which the Senator based her appeal, the court agreed for the Senate’s application on the provision of Section 66(4) of its standing rules, to hand down the suspension.
Also agreeing that the behaviour of the Senator on February 20, 2025, when she refused to take the seat allocated to her, but instead, displayed agitation against its leadership was out of place, the court said that, the claim of the Senator that she was not given prior notice on the change of seat was unattainable because there was no provision for prior notification.
Mohammed in the unanimous judgement, also held that the Federal High Court, in the first instance ought to have declined jurisdiction in entertaining the suit having discovered that the Senate acted in line with the provision that permits it to suspend any erring member.
He added that upon been told the re-allocation of seat, the Senator ought to have moved to the new seat and having declined to do so, the Senate was right to enforce order six rule two following her persistent refusal to obey the order.
To worsen the situation, the appellate court observed Akpoti-Uduaghan’s refusal to appear before the Senate Committee on Ethics, Petition and Privileges did not help her matter, while also dismissing her claim that her suspension was carried out in violation of an order by Justice Obiora Egwuatu.
In this regard, the upper court, held that since Egwuatu recused himself and the matter started afresh by Justice Binta Nyako, the previous orders were no longer subsisting.
But it was not all woes, as the court, also faulted the contempt charge against the Senator and the N5 million fine imposed on her by Nyako, saying the failure by the trial court to serve forms 48 and 49 on her was fatal and therefore went ahead to set both punishments aside.