The Digest:
A significant constitutional check has been upheld in Nigeria, as the Federal High Court in Abuja today ordered the immediate reinstatement of Senator Natasha Akpoti-Uduaghan. The court ruled that the Senate exceeded its powers by suspending her for six months, describing the action as "excessive" and lacking sufficient legal basis. This judgment, delivered by Justice Binta Nyako, emphasizes the protection of a constituency's right to representation, as reported by BusinessDay.
Key Points:
- The Federal High Court in Abuja ordered the immediate reinstatement of Senator Natasha Akpoti-Uduaghan.
- Justice Binta Nyako ruled that the Senate exceeded its constitutional powers with the six-month suspension.
- The court found the suspension "excessive" and without a firm legal basis.
- Chapter 8 of Senate Standing Orders and Section 14 of the Legislative Houses (Powers and Privileges) Act do not prescribe a maximum suspension duration.
- Justice Nyako stated that suspending a lawmaker for nearly the entire 181-day annual sitting period is unconstitutional.
- The judgment affirmed that while the Senate can discipline members, it cannot deny constituents their right to representation.
- In a separate but related matter, the court upheld Senate President Akpabio's right to not allow Akpoti-Uduaghan to speak if not in her designated seat.
This landmark ruling reinforces the judiciary's role in safeguarding constitutional principles and protecting democratic representation. It serves as a strong constitutional check on legislative powers, underlining the balance essential for Nigeria's governance.
Sources: BusinessDay
