Politics
Natasha’s Counsel Writes Senate Over Court Judgment
The legal counsel to the Senator representing Kogi Central, Senator Natasha Akpoti-Uduaghan, has faulted the National Assembly’s interpretation of a Federal High Court’s judgment which ordered her reinstatement to the Senate, insisting that the judgment was binding and must be complied with in full.
In a rejoinder dated July 14, and addressed to the Director of Litigation and Counselling, Legal Services Directorate of the National Assembly, Mr Charles Yoila, Sen. Akpoti-Uduaghan’s legal team, led by Mr Michael Numa (SAN), accused the Senate of misinterpreting the decision of the Federal High Court in Suit No: FHC/ABJ/CS/384/2025 — Senator Natasha Akpoti-Uduaghan v. Clerk of National Assembly & 3 Ors.
The lawyers responded to an earlier correspondence from the National Assembly dated the same day, in which the Senate purportedly treated the court’s judgment as advisory. They argued that the enrolled judgment was not suggestive, but declaratory and mandatory in nature.
“The preamble of the enrolled order begins with the words ‘it is hereby ordered’ and proceeds to enumerate 12 distinct and substantive orders,” the letter stated.
“Of particular relevance is Order 12 which directed that the Senate should recall the plaintiff. While the word ‘should’ is used, the context of the full judgment supports a binding construction”, it argued.
The legal team noted that the plaintiff had sought, among other reliefs, an order nullifying the recommendations and findings of the Senate Committee on Ethics, Privileges and Public Petitions, which had led to her suspension. They further referenced that the plaintiff’s application for a mandatory injunction was heard alongside the substantive matter and was incorporated into the composite judgment.
Referencing Order 4 of the enrolled judgment, Mr Numa maintained that the court had adjudged the suspension of Sen. Akpoti-Uduaghan as unconstitutional, excessive, and ultra vires.
He contended that, pursuant to Section 1(3) of the 1999 Constitution (as amended), the Senate’s action was null and void to the extent of its inconsistency with constitutional provisions.
The letter made reference to Section 287(3) of the Constitution, which mandates all authorities and persons to give effect to the decisions of courts. It also invoked Section 318, which defines a court decision to include judgment, decree, order, conviction, sentence, or recommendation.
To reinforce the legal position, the letter cited *Ecobank (Nig.) Ltd v. Tempo Energy (Nig.) Ltd* (2025) 9 NWLR (Pt. 1994) 125 at 144–145, where the Supreme Court held that recommendations arising from adjudicated disputes may constitute binding judicial acts.
“The judgment in this case falls squarely within the definition of enforceable judicial determinations,” Mr Numa argued, urging the Legal Services Directorate to revisit the enrolled order and advise the Senate to comply accordingly.
He emphasised that compliance with the judgment was not optional or discretionary, but a constitutional obligation binding on the Senate under the principle of separation of powers and judicial supremacy.
In a final note, the legal team informed the National Assembly that Sen. Akpoti-Uduaghan intends to resume her legislative duties on July 22, especially in light of the recent passing of former President Muhammadu Buhari, describing the development as a moment of national transition.
The letter concluded with a caution that the embattled senator reserves the right to pursue all legal avenues to enforce her rights should the Senate continue to defy the judgment.
This development sets the tone for a potential legal showdown between the judiciary and the legislature over the enforcement of court orders, especially in politically sensitive matters involving elected representatives.
In a statement on Saturday, the former Senate Leader stated that the allocation of nominees across states and geopolitical zones falls short of the constitutional requirement for fair representation in the composition of the Federal Government.
The ex-Senate Whip warned that allowing the list to pass could deepen ethnic suspicion at a time when the administration should be consolidating national unity.
He highlighted disparities in the spread of nominees, noting that while some states have three or four slots, others have none. He also cited the inclusion of Senator Adamu Garba Talba from Yobe, who reportedly died in July.
“The entire North-East states have seven nominees in the list. Further checks revealed that the South-West geo-political zone has 15 nominees, while North-West and South-East have 13 and 9, respectively.
“North-Central region has 10 nominees in the list of career and non-career ambassadorial nominee while South-South parades 12 nominees,” Senator Ndume said.
According to him, such imbalances could heighten tensions and undermine Section 14(3) of the Constitution.
“My sincere appeal to President Tinubu is to withdraw this list. At this critical juncture in his administration, he should avoid missteps that could undermine national unity and foster ethnic distrust.
“I know him to be a cosmopolitan leader who is at home with every segment and stakeholder in the country. He should withdraw that list and present a fresh set of nominees that will align with the spirit of the Constitution on the Federal Character Principle,” Senator Ndume added.
He accused the legislators of undermining the sanctity of the legislature and acting as instruments of destabilization.
“The members of the Rivers State House of Assembly have, by their actions since they assumed office, shown that they are political puppets and a clog in the wheels of democratic progress,” Comrade Ememobong stated, adding that “They will go down in history as enemies of democracy and those who made mockery of the legislature.”
“So the easiest way to describe their action is a defection from APC to APC,” he said.
Comrade Ememobong announced that the party would deploy constitutional provisions to reclaim its mandate from those who have “ignobly and surreptitiously” abandoned the platform on which they were elected.
“Consequently, the PDP will take legal steps to activate the provision of the Constitution of the Federal Republic of Nigeria (1999 as amended) to recover the mandate gained under the banner of our party which these people have now switched to another platform,” he said.
He urged party members in Rivers State to remain calm and steadfast.
“We urge all party members in Rivers State to remain faithful and resolute, as efforts are underway to rebuild the party along the path of inclusiveness, fairness and equity,” Comrade Ememobong assured.
As the news of the defection of 17 members of Rivers State House of Assembly from the Peoples Democratic Party (PDP )to the All Progressives Congress (APC) continue to make the rounds, a cross section of Rivers people who spoke to The Tide have expressed varying views regarding the development.
At Etche, a senior lecturer with the Rivers State University, who did not want his name in print, said even though defection was the right of politicians, peace and stability remained more fundamental than any action that could further challenge the fragile political situation in the state at the moment.
He also warned that the situation should not be used to witch-hunt any one, adding that the state had suffered enough and needed to be at peace.
In his reaction, Engr Polycarp Geoffrey said even though citizens and residents of the state had cause to be concerned about the decision of the lawmakers, there was nothing to worry about if it was done in good faith.
“I don’t think there is any big deal about it – defection is defection. But people are worried because of past events in the state. So, for me, I don’t see anything about it”, he said.
Engr Geoffrey also urged the Governor Siminalayi Fubara to also openly declare political affiliation in a bid to douse the political tension in the state and to provide clarity regarding his future political direction.
Another respondent, Mr Ebere Alex, alleged ulterior motive behind the law makers’ defection but urged both the law makers and the governor to work for the peace and development of the state.
However, speaking on the development, a chieftain of the PDP in the state, Hon Nname Ewor, told The Tide that said his party would reach out to the remaining lawmakers who have not defected.
He also denied an alleged internal squabble within the PDP, adding that there was no crisis in the party.
It would be recalled that 17 members of the Rivers State House of Assembly led by the Speaker, Rt Hon. Martin Amaewhule, during plenary last Friday, announced their migration from the PDP to the APC, citing internal party crisis.
Other members who also defected were the Deputy Speaker, Rt Hon. Dumle Maol, representing Gokana Constituency; House Leader, Hon. Major Jack, representing Akulga Constituency 1 and Deputy Leader, Hon. Linda Somiari-Stewart, representing Okrika Constituency; Hon. Solomon Wami, Port Harcourt Constituency 1 and Hon Granville Tekena Wellington representing Asari Toru Constituency 1; Hon. Ofiks Kagbang, representing Andoni Constituency; Hon. Peter Abbey representing Degema Constituency; Hon. Arnold Dennis representing Ogu/Bolo Constituency; Hon. Chimezie Nwankwor representing Etche Constituency 2 and Hon. Franklin Nwabochi representing Onelga Constituency 1.
The rest were, Hon. Azeru Opara, representing Port Harcourt Constituency 3; Hon. Smart Adoki representing Port Harcourt Constituency 2; Hon. Igwe Afforji ,Eleme Constituency and Hon. Lolo Opuende representing Akuku Toru Constituency 2.
By: John Bibor
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