By Ogochukwu Isioma
A Senior Advocate of Nigeria (SAN), Dr. Monday Ubani, has revealed that the court lacks the authority to halt the Senate from investigating Natasha Akpoti-Uduaghan, the Senator representing Kogi Central, despite an interim order issued to that effect.
A Federal High Court in Abuja, presided over by Justice Obiora Egwuatu, had on Tuesday granted an ex-parte motion filed by Akpoti-Uduaghan, restraining the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with its planned probe.
The ruling comes as the Senate Committee was set to convene and potentially impose an indefinite suspension on the Kogi Central Senator for her actions on the floor of the Red Chamber.
However, in a legal opinion shared with METROWATCH, on Wednesday, Dr. Ubani argued that the judiciary does not have the power to interfere in the internal workings of the legislature.
“No, the court generally lacks the jurisdiction to interfere in the internal proceedings of the legislature, including the investigation of a senator by a Senate Committee,” Ubani said.
Citing the principle of separation of powers enshrined in Sections 4, 5, and 6 of the 1999 Constitution (as amended), Ubani emphasized that the legislature has exclusive authority over its internal affairs, including disciplinary actions against its members.
He referenced the Supreme Court’s decision in Senator Ali Ndume v. Senate of the National Assembly & Anor (2019) LPELR-46543(SC), where the apex court ruled that the courts should not interfere with the internal affairs of the legislature, provided such actions do not contravene the Constitution or fundamental rights of individuals.
Similarly, in Hon. Dino Melaye v. House of Representatives (2002) 18 NWLR (Pt. 799) 67, the Court of Appeal reaffirmed that courts cannot intervene in disciplinary actions taken by the legislature against its members, as it falls within the exclusive powers of the legislature.
“In this case, the said Senator (Natasha) was not punished but given an opportunity to be heard. Instead of appearing before the Committee for hearing, she headed straight to court to stop the constitutional function of the Senate. She is absolutely wrong, and the case will ultimately be dismissed,” Ubani said.
While acknowledging that courts can intervene if the legislature exceeds its constitutional powers or violates an individual’s right to fair hearing, Ubani stressed that no such breach had occurred.
“The courts can intervene only if the legislature exceeds its constitutional powers, violates the fundamental rights of the individual concerned, or breaches the principle of fair hearing (Section 36 of the 1999 Constitution),” he said.
“For instance, if the Ethics and Privileges Committee acts ultra vires by imposing a penalty beyond its powers or denies Senator Akpoti the right to a fair hearing, the court may intervene.
“As we can see, the Committee has invited her in order to hear her own side of the story but she chose to run to the court instead. The court as a different arm of government cannot stop the Legislature from performing its functions.”
Ubani cited Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423, where the Supreme Court held that where a legislative body acts unlawfully or violates constitutional provisions, the courts can review and nullify such actions.
“In the absence of any constitutional violation, the court cannot stop the Senate Committee from investigating Senator Natasha Akpoti,” Ubani insisted.
He, therefore, advised the Senate Committee to disregard the court order and proceed with its investigation against Senator Akpoti-Uduaghan.
“The Committee should ignore the court order and go ahead with the investigation and make recommendations accordingly.
“A legal team assembled by the Senate will tackle the case in court by filing an application seeking the setting aside of the court order, if any,” Ubani concluded.
The controversy stems from an altercation between Senate President Godswill Akpabio and Akpoti-Uduaghan during plenary on February 20, when the Kogi Central senator rejected her assigned seat.
Akpoti-Uduaghan had defied the Senate President’s directive to yield the floor, and was consequently ordered to appear before the Senate’s disciplinary committee.
The disagreement between the duo had a new twist on February 28, when Akpoti-Uduaghan alleged that she had been having a running battle with Akpabio since she rejected his sexual advances.
