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Natasha Akpoti: Did the Senate Break Its Own Rules?

The Standing Order only permits the Senate to suspend Akpoti-Uduaghan for up to 5 weeks at the maximum

The Senate has come under fire for its recent decision to suspend Natasha Akpoti-Uduaghan, the Senator representing Kogi Central, for six months. The suspension, approved by a majority vote during Thursday’s plenary session, follows the recommendations of the Senate Committee on Ethics, Privileges, and Code of Conduct.

As part of the suspension, Akpoti-Uduaghan is barred from fulfilling her duties as a senator, which includes restrictions on public appearances and the privileges associated with her position. Additionally, her office will be locked, she will be denied access to the National Assembly premises, and her salary, along with those of her aides, will be withheld during the suspension period.

The Senate’s decision is based on allegations of general abuse of Senate laws and ethics. However, legal experts argue that the Senate itself has violated its own rules.

According to the Senate Standing Orders of 2015, her suspension was premised by the ethics committee on grounds of alleged general abuse of Senate laws, ethics, and privileges.

However, according to the Senate Standing Orders 2015 as amended, the Senate itself has violated its own rules. In Chapter IX, Order 67 of the Standing Order, the Senate President can only withdraw an errant senator for the rest of a legislative sitting, in the case of a minor offence.

For cases of ‘more serious’ misdeeds, if so judged by the Senate President, he “shall put the question on [the] motion being made, no amendment, adjournment or debate being allowed.” Nonetheless, the suspension stated in the motion shall not exceed 14 legislative days.

There are three legislative days in a week. Consequently, the Standing Order only permits the Senate to suspend Akpoti-Uduaghan for up to 5 weeks at the maximum. The current six-month suspension effectively strips Akpoti-Uduaghan of her position for 72 legislative days, substantially exceeding the limit established in the Standing Orders.

Akpoti-Uduaghan was reportedly denied the opportunity to defend herself during the proceedings, raising concerns about the fairness of the process.

Human rights lawyers Festus Ogun and Kelechukwu Uzoka have echoed the sentiment that the Senate has overstepped its bounds in suspending Akpoti-Uduaghan. Ogun described the action as “illegal and unconstitutional,” asserting that the Senate must adhere to its own regulations. Uzoka similarly emphasized that circumventing their established rules undermines the Senate’s credibility.

Ogun suggested that the suspension appears to be an attempt to intimidate Akpoti-Uduaghan, positing that her vocal nature has made her a target among her peers. He further called for the Senate President to address his own alleged misconduct rather than impose punitive measures on a fellow senator.

In light of the circumstances, Ogun recommended that Akpoti-Uduaghan seek justice through the courts, viewing the judiciary as “the last hope of the common man.” He believes this legal challenge is the only viable path for her to contest the alleged injustices she has faced.

This incident brings to mind a previous suspension involving Delta State Senator Ovie Omo-Agege, who was suspended for 90 days in 2018. His suspension was later overturned by a court ruling, raising questions about the Senate’s authority and procedural integrity in disciplinary matters. The implications of Akpoti-Uduaghan’s suspension may similarly lead to legal scrutiny and potential challenges in the future.

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