By Nathaniel Zaccheaus, Abuja
The legal battle between Senator Natasha Akpoti-Uduaghan and the National Assembly escalated on Monday, as the embattled Kogi Central lawmaker, through her legal team, faulted the Senate’s refusal to comply with a Federal High Court judgment ordering her recall.
Akpoti-Uduaghan, who the Senate suspended in May 2025, maintained that the judgment delivered on July 4 by Justice B.F.N. Nyako was not advisory, but a binding legal directive that must be obeyed.
In a letter, dated July 14, 2025, and titled “Rejoinder”, her legal counsel, led by Senior Advocate of Nigeria (SAN), Michael Jonathan Numa, challenged the National Assembly’s interpretation of the ruling, which described the judgment as merely suggestive and lacking enforcement power.
The National Assembly, in a letter signed by its Director of Litigation and Counselling, Charles Yoila, had argued that the judgment did not compel the Senate or its leadership to reinstate the suspended senator, but only advised them to consider doing so.
However, Akpoti-Uduaghan’s legal team strongly disagreed. Citing the court’s wording, particularly the phrase “It is hereby ordered…”, the lawyers insisted the ruling contains twelve distinct directives, including Order 12, which states that “the Senate should recall the Plaintiff.”
The letter read, “The use of the word ‘should’ must be understood within the broader context of the judgment. It is not merely suggestive, but directive when considered alongside the tone, intent, and judicial concern for the disenfranchisement of Kogi Central constituents.”
They accused the Senate of engaging in a “narrow and self-serving reading” of the judgment, stressing that the legislature was not at liberty to disregard the court’s instructions.
The letter further read, “We must respectfully disagree with your interpretations. Specifically, we contest the view that the Court’s pronouncement constitutes a mere advisory opinion.
“The enrolled order begins with the words ‘IT IS HEREBY ORDERED,’ which signal a binding decision. Order 12, while using ‘should,’ implies compulsion when viewed in its proper legal and constitutional context.”
Akpoti-Uduaghan was suspended on May 22, 2025, for what Senate leadership termed “unparliamentary conduct” and “gross misconduct.”
Critics, however, allege the suspension was politically motivated, stemming from her vocal stance against alleged budget manipulation and underdevelopment in Kogi Central.
Challenging the suspension, the senator filed suit FHC/ABJ/CS/384/2025 against the Clerk of the National Assembly and other parties, arguing that the decision was unconstitutional and denied her constituents their right to representation.
While the court stopped short of issuing a mandamus, it urged the Senate to recall the lawmaker in the interest of democratic integrity and representative governance.
