Senate Has No Legal Right to Bar Natasha Akpoti-Uduaghan After Suspension Ends – Legal Analyst Mahmud

Legal analyst and human rights lawyer Abdul Mahmud has criticised the National Assembly for preventing Senator Natasha Akpoti-Uduaghan from resuming her legislative duties following the expiration of her six-month suspension.

In a post on Tuesday, Mahmud argued that such action would be unconstitutional and a violation of democratic principles.

“The Senate cannot lawfully prevent Natasha from resuming after the expiration of her suspension, even if the matter is on appeal,” Mahmud stated. “Suspension is by its nature timebound; once the specified period elapses, the sanction lapses automatically.”

He further warned that any attempt to continue or extend the suspension based on a pending appeal would amount to a fresh sanction, which lies outside the scope of the Senate’s previously exercised powers.

“Such an action would not only offend the principle of legality but also breach the Senator’s constitutional right to representation and participation in legislative duties,” Mahmud said.

He also pointed out that under the Constitution of Nigeria, an appeal does not serve as a stay of execution, making it illegal for the Senate to use an ongoing appeal as grounds for barring the Senator from returning to her seat.

“To do so would be tantamount to contempt of court and a violation of democratic norms,” he added.

The Senate through the Acting Clerk to the National Assembly, Yahaya Danzaria, informed Senator Natasha Akpoti-Uduaghan that the matter of her suspension is currently before the Court of Appeal and therefore remains sub judice.

“The matter therefore remains subjudice, and until the judicial process is concluded and the Senate formally reviews the suspension in the light of the Court’s pronouncement, no administrative action can be taken by this office to facilitate your resumption. You will be duly notified of the Senate’s decision on the matter as soon as it is resolved,” the letter reads.”