Court Didn’t Order Natasha’s Recall, Only Gave Advice,says Senate Lawyer
Akpabio and Natasha
Paul Dauda, SAN, counsel to the Senate, has clarified that the Federal High Court did not order the reinstatement of Senator Natasha Akpoti-Uduaghan, but merely advised that the Senate could consider her recall.
The Federal High Court in Abuja, presided over by Justice Binta Nyako, on Friday asked the Senate to reinstate the suspended senator representing Kogi Central, describing the suspension as excessive.
Justice Nyako also directed that Akpoti-Uduaghan should tender a written apology to the Senate, which must be published in two national newspapers .
Addressing journalists after the judgment, Senate counsel Paul Dauda, SAN, said that the court did not issue a relief compelling the Senate to lift the suspension.
“The judge only made what we refer to as an obiter dictum a non-binding remark that the suspension might have been excessive. We will consult with our colleagues, study the full judgment, and respond accordingly,” he said.
Dauda described the ruling as a partial victory for the Senate, particularly with respect to the issue of civil contempt arising from social media posts made during the ongoing legal proceedings.
He explained, “The first application filed by the Senate, which asserted that no social media commentary should have been made during the pendency of the case, was resolved in our favour. The court ordered that the satirical apology previously published online be taken down and that a formal apology be published in two national dailies. Furthermore, the court awarded damages of five million naira, to be paid to the court.”
Regarding the substantive issue of the suspension, Dauda stated that the Senate’s authority to discipline its members remains intact and unchallenged.
“It appears the court affirmed the Senate’s institutional right to discipline its members. While senators are elected to represent their constituencies, they are also expected to conduct themselves in accordance with the Senate’s standing rules,” he noted.
Reacting to the judgment, Senate spokesperson Yemi Adaramodu said the Red Chamber would not immediately reinstate Senator Akpoti-Uduaghan. He reiterated that the court’s ruling did not override the Senate’s constitutional authority to discipline its members.
“Which judgment are we supposed to appeal when the court itself affirmed that the Senate has the right to discipline its erring members? The court has not stripped the Senate of its statutory authority to sanction any senator found to have breached its rules,” Adaramodu said.
He noted that the court had found the senator to be at fault and directed her to take steps towards restitution.
“The court has already instructed her to take certain actions, such as offering a public apology. Once that is done, the Senate will reconvene and evaluate the content of her apology before deciding on the next course of action,” he added.
Adaramodu further stated that the responsibility now lies with Akpoti-Uduaghan to comply with the court’s directives.
“The ball is now in her court. It is up to her to issue the required apology. Once she complies, the Senate will meet and determine how to proceed with her case.
“Our initial response will not be reactive. The court has spoken. Once she fulfills the court’s directives, the Senate will review her response and take an appropriate decision,” Adaramodu added.
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