Appeal Court Halts Lower Court Proceedings In Akpoti-Uduaghan’s Suit Challenging Senate Suspension

Wednesday June 11, 2025|

The Court of Appeal, Abuja Division, has ordered a halt to the ongoing proceedings at the Federal High Court in a suit filed by the suspended Kogi Central Senator, Natasha Akpoti-Uduaghan, challenging her suspension from the Senate.

The appellate court’s decision followed a motion filed by the Senate President, Godswill Akpabio, seeking an extension of time to appeal a previous ruling of the Federal High Court delivered on 10 March by Obiora Egwuatu, the judge.

Mrs Akpoti-Uduaghan had approached the Federal High Court to contest her suspension, which she described as unconstitutional and a breach of legislative procedures.

In his 10 March ruling, Mr Egwuatu directed the senate president and three other defendants to respond within 72 hours and show cause why an interlocutory injunction should not be issued restraining them from proceeding with any investigation against Mrs Akpoti-Uduaghan.

The judge said that the Senate’s actions must align with the provisions of the Constitution, the Senate Standing Orders 2023, and the Legislative Houses (Powers and Privileges) Act.

However, Mr Akpabio, through his legal team led by Kehinde Ogunwumiju, a Senior Advocate of Nigeria (SAN), filed a motion on 20 March seeking additional time to appeal the High Court’s decision.

The team argued that the lower court erred by consolidating all pending applications for hearing on 25 March, thereby preventing it from filing a timely appeal within the required 14-day legal timeframe.

Arguments for appeal
In an affidavit deposed to by Toyo Jimmy, a senior legislative aide to Mr Akpabio, it was claimed that the Federal High Court’s procedural decision had hindered the senate president’s right to fair hearing and timely legal recourse.

The team also argued that allowing the High Court to proceed while an appeal is pending would compromise the effectiveness of any eventual ruling from the appellate court.

The motion emphasised that the decision to hear all applications concurrently rather than sequentially contradicted established legal practice and placed the Senate president at a disadvantage.

Court of Appeal’s decision

According to court documents obtained by PREMIUM TIMES, the Court of Appeal granted the Senate president’s request on 21 May, issuing an order to immediately halt proceedings at the Federal High Court until the appeal is resolved.

The panel, comprising three judges Hama Barka, Adebukunola Banjoko, and Okon Abang, upheld the argument that continuing the lower court case could render the appellate court’s decision ineffective if it later overturns the High Court’s ruling.

In addition to granting the stay, the appellate court imposed a cost of N100,000 against Mrs Akpoti-Uduaghan.

It also ordered the appeal with case number CA/ABJ/PRE/ROA/CV/395M/2025 be struck out from its register.