Natasha: Akpabio ‘rushes’ to Appeal Court

Senate President Godswill Akpabio has approached the Court of Appeal in Abuja, requesting a suspension of proceedings at the Federal High Court in a suit filed by Kogi Central senator Natasha Akpoti-Uduaghan challenging her suspension from the Senate.

On March 20, Mr. Akpabio submitted an application seeking permission to contest an interlocutory ruling issued by the Federal High Court on March 10. His appeal aims to put the lower court’s proceedings on hold while the appellate court reviews his challenge to that decision.

In a parallel move, Mr. Akpabio also filed a separate request for a stay of proceedings at the Federal High Court on the same day, arguing that the court’s decision to hear all pending applications together was inconsistent with established legal principles.

Kehinde Ogunwumiju, a Senior Advocate of Nigeria (SAN) leading the Senate President’s legal team, contended that one of the applications scheduled for hearing—filed by the Senate to contest a prior court order suspending disciplinary measures against Mrs. Akpoti-Uduaghan—should be addressed separately.

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The applications also include the senator’s request for a mandatory injunction and contempt proceedings against Senate officials for allegedly defying the court’s ruling.
“There is a need for this honourable court to stay proceedings of the lower court pending the hearing and determination of the appellant/applicant’s appeal, to prevent the judgement of this honourable court nugatory,” Mr. Akpabio’s legal team argued in their application.

A day before Mr. Akpabio filed his appeal, the Federal High Court granted the Senate’s request to overturn a previous order that had temporarily halted disciplinary actions against Mrs. Akpoti-Uduaghan. The court ruled that the initial order, issued on March 4, was vague.

Following this decision, the court scheduled a hearing for all pending applications on March 25. However, within 24 hours of Mr. Akpabio’s appeal filing, the Court of Appeal fixed its hearing for the same date, a move that could delay the Federal High Court’s proceedings. The timing suggests that the appellate court’s intervention might disrupt the progress of Mrs. Akpoti-Uduaghan’s case, prolonging the legal battle over her suspension.

The dispute stems from a February 20 Senate session in which Mrs. Akpoti-Uduaghan clashed with Mr. Akpabio over her seat allocation. She subsequently approached the court, securing an interim injunction on March 4 that barred the Senate from taking disciplinary action against her.

Despite this order, the Senate proceeded with a six-month suspension on March 6, prompting Mrs. Akpoti-Uduaghan to file for a mandatory injunction and contempt proceedings against Senate officials.

On March 10, the Federal High Court ruled that all pending applications in the case would be heard together—a decision that Mr. Akpabio’s legal team argues was procedurally flawed. The Senate later filed an application on March 17, asserting that the March 4 injunction was ambiguous and interfered with its constitutional duties.

Mr. Akpabio’s appeal, filed on March 20, seeks an extension of time to challenge the March 10 ruling. His legal team insists that the Federal High Court’s decision to hear all applications simultaneously could jeopardize his right to a fair hearing.

In an affidavit submitted alongside the appeal, Toyo Jimmy, a senior legislative aide to Mr. Akpabio, stated that the Senate President was unable to file an appeal within the 14-day legal timeframe due to the court’s ruling. The document argues that continuing the Federal High Court case while an appeal is pending could render any subsequent appellate ruling ineffective.

“The balance of convenience favours the appellant, who would suffer irreparable harm if this application is denied,” the affidavit stated.
Mr. Akpabio’s legal team assured the court that he intends to diligently pursue the appeal and has committed to compensating the respondents if the appeal is found to be frivolous.

With the Court of Appeal’s hearing now set for the same date as the Federal High Court’s previously scheduled proceedings, the legal maneuvering could delay a resolution in Mrs. Akpoti-Uduaghan’s case, further complicating her bid to overturn her suspension.

(PREMIUM TIMES)