The Acting Clerk to the National Assembly had written to Mrs Akpoti-Udughan informing her that she cannot resume because the matter of her suspension is in court, and that her return can only follow a Senate review or the conclusion of the judicial process.
The Kogi Central Senator, Natasha Akpoti-Uduaghan, has threatened to sue the Clerk to the National Assembly (CNA), Kamorudeen Ogunlana, if she is not allowed to resume legislative duties by Monday.
The threat was conveyed in a letter dated 10 September and addressed to the Clerk by her lawyer, Michael Numa (SAN).
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The lawyer demanded that the senator be allowed to resume her duties without obstruction, warning that failure to comply would result in legal action.
"Take notice that failure to comply by Monday, 15th September 2025, will leave us with no alternative but to initiate proceedings against you personally and in your official capacity," the letter reads.
The lawyer said the suit would focus on the clerk's alleged refusal to obey a subsisting court judgment and his breach of the Code of Conduct for Public Officers.
He thereafter advised the clerk to reconsider his stance and allow the senator to resume without any hindrance.
"Such proceedings will include, but are not limited to: Committal for contempt; Disciplinary action for breach of the Code of Conduct for Public Officers; Liability for instigating breach of the peace with potential implications for national security; and any other remedies available to our client under the law.
"We strongly advise that you reconsider your untenable stance and comply with the Constitution and extant judicial orders," the letter added.
The lawyer's threat followed a letter addressed to Mrs Akpoti-Uduaghan by the Acting Clerk to the National Assembly, Yahaya Danzaria, informing her that she could not resume because the matter of her suspension is in court, and that her return can only follow a Senate review or the conclusion of the judicial process.
Multiple sources told PREMIUM TIMES that Mr Danzaria acted in the Clerk's capacity because Mr Ogunlana is currently out of the country.
Mrs Akpoti-Uduaghan had earlier written to the National Assembly, notifying it of her intention to resume following the expiration of her six-month suspension.
Although the Senate has not issued an official resolution, there are indications that the upper chamber may block her resumption when lawmakers reconvene on 23 September because the matter is still before the court and deciding otherwise would be sub judice.
Lawyer's arguement
In the letter, Mrs Akpoti-Uduaghan's counsel argued that the NASS Clerk exceeded his constitutional authority.
"As Clerk of the National Assembly, you are not an elected member of the Senate. Your functions are purely ministerial: to record, transmit, and implement decisions duly made by the Senate or directed by the courts. To the best of our client's knowledge, no Senate resolution exists extending our client's suspension or imposing any new sanction for the same alleged misconduct.
"Your letter fails to disclose on whose directive you purported to act. By assuming powers you do not possess, you have acted ultra vires, and placed both yourself personally and your office in contempt of the Constitution and binding judicial orders."
What the court said
In July, Binta Nyako, a judge of the Federal High Court, ruled in her favour, holding that suspending an elected lawmaker for six months amounts to denying her constituents their right to representation.
However, the court did not order her immediate reinstatement. Instead, Mrs Nyako issued an advisory opinion urging the Senate to reconsider the suspension.
In a separate ruling, the court found Mrs Akpoti-Uduaghan guilty of civil contempt over a satirical social media post deemed disrespectful to the court. She was fined N5 million and ordered to publish a public apology in two national newspapers and on her Facebook page within seven days.
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She has since appealed the judgement.
Appeal
Dissatisfied with the ruling, the Senate President, Godswill Akpabio, filed a cross-appeal at the Court of Appeal on 11 July.
Through his counsel, Kehinde Ogunwumiju, SAN, Mr Akpabio argued that the Federal High Court erred in law and exceeded its powers by intervening in the Senate's internal disciplinary process.
The appeal, which raises 11 grounds, contends that the court lacked jurisdiction as the Senate Committee on Ethics, Code of Conduct, and Public Petitions had not completed its investigation before the case was filed.
Mr Akpabio further argued that Mrs Akpoti-Uduaghan failed to exhaust internal dispute resolution mechanisms provided under the Senate Standing Orders before seeking judicial intervention, rendering her suit premature.
