For the third time in recent weeks, the Senate has maintained that there was no court pronouncement mandating the Red Chamber to recall the suspended Senator representing Kogi Central, Natasha Akpoti-Uduaghan.
Senator Yemi Adaramodu, Chairman of the Senate Committee on Media and Public Affairs, stated this in a statement on Sunday.
Adaramoduโs declaration followed Senator Akpoti-Uduaghanโs vow to resume at the National Assembly on Tuesday. The Kogi Central lawmaker hinted at her decision while addressing participants at a training programme for her constituents in Kogi State.
She said: โI have pretty much two months more before the six months expire. However, I have written to the Senate again telling them that Iโm resuming on the 22nd, which is on Tuesday, by the special grace of God.
โI will be there, because the court did make the decision on that. Now, they argue that itโs an order โ itโs not an order, but it is a decision.โ
Adaramodu insisted that the embattled lawmaker, who was placed on a six-month suspension last March for breaching Senate rules, based her intention to resume on a misinterpretation of the ruling by Justice Binta Nyako.
The Senate spokesman argued in his statement that โthe Honourable Court gave a non-binding advisory, urging the Senate to consider amending its Standing Orders and reviewing the suspension, which it opined might be excessive. The Court, however, explicitly held that the Senate did not breach any law or constitutional provision in imposing the disciplinary measure based on the Senatorโs misconduct during plenary.โ
The Senate urged Senator Akpoti-Uduaghan to stay away from the National Assembly complex and allow due process to run its full course.
The statement reads: โThe Senate of the Federal Republic of Nigeria wishes to reaffirm, for the third time, that there is no subsisting court order mandating the Senate to recall Senator Natasha Akpoti-Uduaghan before the expiration of her suspension.
โThis clarification becomes necessary following the circulating claims by the suspended Senator that she intends to resume at the Senate next Tuesday based on a misinterpretation of the recent judgment delivered by Hon. Justice Binta Nyako of the Federal High Court, Abuja.
โIt will be recalled that the Senate had, through my office, issued two public statements following the judgment and the subsequent release of the Certified True Copy of the Enrolled Order. In both statements, we made it unequivocally clear that the judgment did not contain any positive or mandatory order directing the Senate to recall Senator Akpoti-Uduaghan prior to the end of her suspension.
โRather, the Honourable Court gave a non-binding advisory urging the Senate to consider amending its Standing Orders and reviewing the suspension, which it opined might be excessive. The Court, however, explicitly held that the Senate did not breach any law or constitutional provision in imposing the disciplinary measure based on the Senatorโs misconduct during plenary.
โFurthermore, the Court found Senator Akpoti-Uduaghan guilty of contempt of court and imposed penalties, including a fine of โฆ5 million payable to the Federal Government, and a mandatory apology in two national newspapers and on her Facebook page. Till date, these directives remain uncomplied with.
โIt is therefore surprising and legally untenable that Senator Akpoti-Uduaghan, while on appeal and having filed a motion for stay against the valid and binding orders made against her, is attempting to act upon an imaginary order of recall that does not exist. The Senate emphasizes once more: there is no enforceable order directing her immediate return to the chamber.
โWe advise the Distinguished Senator to refrain from any attempt to storm the Senate next Tuesday under a false pretext, as doing so would not only be premature but also undermine the dignity of the Senate and violate due process. The Senate, as a law-abiding institution, is committed to upholding the rule of law and the integrity of its proceedings. It will not tolerate the disruption of its proceedings.
โThe Senate will, at the appropriate time, consider the advisory opinion of the court on both amending the Standing Orders of the Senate, her recall, and communicate same thereof to Senator Akpoti-Uduaghan.
โUntil then, she is respectfully advised to stay away from the Senate chambers and allow due process to run its full course.โ
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