Senate President Godswill Akpabio has filed an 11-ground appeal at the Court of Appeal in Abuja, challenging a Federal High Court ruling that ordered the recall of Senator Natasha Akpoti-Uduaghan to the Senate.

Akpabio is seeking to overturn the July 4 judgment by Justice Binta Nyako, which nullified Akpoti-Uduaghan’s six-month suspension from the Red Chamber. The court had ruled that her suspension lacked legal foundation and directed her immediate recall a verdict that sparked renewed debate over legislative autonomy and judicial oversight.

In his appeal dated July 14, 2025, Akpabio argued that the trial court exceeded its constitutional jurisdiction by meddling in the internal affairs of the National Assembly, which he said are shielded from judicial interference under Section 251 of the 1999 Constitution and the Legislative Houses (Powers and Privileges) Act.

He further faulted the High Court for rejecting his preliminary objection, which challenged the competence of Akpoti-Uduaghan’s suit. According to him, the senator should have exhausted internal redress mechanisms particularly through the Senate Committee on Ethics, Privileges, and Public Petitions before approaching the judiciary.

Akpabio’s legal team insisted that the court erred by ruling on plenary proceedings that are constitutionally protected from external scrutiny, describing such intervention as a violation of legislative privilege.

The appeal also accused the lower court of procedural missteps, including the alleged duplication of reliefs across interlocutory and substantive applications, and addressing issues not raised by either party. Akpabio described the recommendation to recall Akpoti-Uduaghan as an unconstitutional “advisory opinion.”

Additionally, Akpabio cited non-compliance with Section 21 of the Legislative Houses Act, which mandates that litigants must serve the Clerk of the National Assembly three months prior to initiating a lawsuit a step he said Akpoti-Uduaghan skipped, thereby invalidating the suit.

The Senate President is urging the appellate court to:

  • Set aside the High Court’s ruling
  • Strike out the duplicated reliefs
  • Nullify the recall order
  • Dismiss the case entirely for lack of jurisdiction

As the Court of Appeal prepares to hear the matter, legal analysts say the case could become a defining moment for Nigeria’s constitutional balance between the judiciary and the legislature.

Senator Akpoti-Uduaghan has yet to issue an official response to the appeal.