Constitutional lawyer and Senior Advocate of Nigeria (SAN), Prof. Mike Ozekhome, has criticised the Senate for continuing to bar Senator Natasha Akpoti-Uduaghan from resuming her legislative duties despite the expiration of her six-month suspension.
In a statement issued on Thursday, Ozekhome described the move as unconstitutional, stressing that indefinite suspension of an elected lawmaker strips an entire constituency of representation.
He noted that Akpoti-Uduaghan, who represents Kogi Central, had served out her suspension imposed in March but was blocked from returning after a letter from the Acting Clerk of the National Assembly cited ongoing appeals in court.
“The Senate’s position weaponises the doctrine of sub judice, turning a principle designed to protect the legal process into a tool of suppression. By excluding Senator Natasha, the Red Chamber is not just punishing one individual; it is disenfranchising the people of Kogi Central,” Ozekhome said.
He accused Senate President Godswill Akpabio of using legislative power for “personal aggrandisement,” insisting that the continued suspension amounted to political victimisation following Akpoti-Uduaghan’s earlier allegations against him.
Ozekhome stressed that the Constitution provides only four grounds for losing a legislative seat—defection, conviction, resignation, or recall, and none allows indefinite suspension.
Citing precedents, including the Court of Appeal decision in Speaker, Bauchi House of Assembly v. Rifkatu Danna, he argued that courts have consistently ruled that elected representatives cannot be shut out under the guise of internal discipline.
“The Senate is not greater than the Constitution that birthed it. To gag Natasha is to silence Kogi Central. Discipline cannot override democracy,” he declared.
Akpoti-Uduaghan’s suspension, originally for alleged insubordination, is still the subject of ongoing appeals.