Sunday, July 13, 2025 - Senator Natasha Akpoti-Uduaghan, who represents Kogi Central in the Senate, has appealed part of a judgment by a federal high court in Abuja, which found her guilty of contempt.
In a notice of appeal dated July 9, Akpoti-Uduaghan is
seeking to overturn the contempt conviction and the N5 million fine imposed on
her by the presiding judge, Justice Binta Nyako.
In a notice filed by her counsel, Roland Otaru, Senator
Natasha asked the appellate court to nullify the public apology order issued
against her.
Justice Nyajo had found her guilty of disobeying a court
order barring parties from discussing the case in the media. She was found
guilty for publishing a satirical apology to Akpabio in April, which was
against the directive of the court for all parties not to speak or comment on
the matter publicly.
Justice Nyako ordered the senator to publish an apology in
two national dailies and on her Facebook page within seven days and pay a fine
of N5 million.
In her notice of appeal filed, Senator Natasha argued that
the trial court lacked the jurisdiction to entertain a contempt proceeding
relating to an alleged offence committed ex facie curiae — outside the
courtroom.
“The trial
court lacked the requisite jurisdiction to entertain an alleged contempt ex
facie curiae involving the imposition of fine which is criminal in nature,
against her own orders without compliance with the proper criminal procedure
and provision contained in the Sheriffs and Civil Processes Act,” the senator
said in her appeal.
The appeal, hinged on six grounds, claimed that Nyako erred
in law by assuming jurisdiction and summarily finding her guilty of contempt
without following due criminal process.
In one of the grounds, Akpoti-Uduaghan argued that the
contempt was allegedly committed on her Facebook page, which, according to her,
falls outside the court’s immediate purview. She maintained that a separate
judge should have handled the matter through the appropriate criminal process.
“The proper
procedure for contempt committed ex facie curiae is to proceed against the
alleged contemnor by the regular procedure of the criminal trial before another
judge,” the appeal stated.
She also claimed that the trial judge breached her right to
a fair hearing by failing to follow the laid-down procedures under the Sheriffs
and Civil Processes Act.
Akpoti-Uduaghan further faulted the trial court for deeming
her April 27 satirical apology as contemptuous. She said the apology addressed
to the senate president, relating to a sexual harassment allegation, was not
connected to the substance of the case before the court.
“The sexual
harassment allegation was not before the trial court. The liability as adjudged
by the trial judge against the appellant with respect to a subject matter
unrelated to the judicial proceedings before her ladyship was erroneous and,
indeed, perverse.”the appeal in part read
The senator insisted that her statement did not amount to
contempt, as it was unrelated to the pending suit.
She also faulted the trial court’s decision to impose a
criminal fine, saying the 3rd respondent’s application had not requested such a
penalty.
“The law is
settled that the court and indeed the parties are bound by the reliefs sought
on the face of the application. The decision of the trial judge to substitute
3rd respondent’s reliefs sought with her own orders extraneous to the motion
paper amounts to descending into the arena of conflict which occasioned a
miscarriage of justice.”
She is therefore seeking an order of the Court of Appeal to
set aside Justice Nyako’s ruling in Suit No: FHC/ABJ/CS/384/2025, delivered on
July 4, 2025.
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