Senator Natasha Akpoti-Uduaghan has filed a six-ground appeal at the Court of Appeal in a bid to overturn the ₦5 million fine imposed on her by the Federal High Court over a satirical post she made on her Facebook page while a case involving her was still pending.
Naijaonpoint reports that the appeal, dated July 9, was filed through her lead counsel, Roland Otaru (SAN), and comes just days after Justice Binta Nyako found her guilty of civil contempt, describing her post as “disrespectful” and “prejudicial” to the court’s proceedings.
... in question, which the court found to be satirical in tone, was made while the senator was engaged in a legal dispute regarding her suspension from the Senate.
While the court declined to impose a prison term, it ruled that the act constituted civil contempt and ordered the lawmaker to: “Pay a fine of ₦5 million to the Federal Government Treasury and publish an apology in two national newspapers and on her Facebook page within seven days.”
Interestingly, while sanctioning her for contempt, Justice Nyako also delivered a favourable ruling in the main suit, declaring her suspension by the Senate as unlawful.
The judge noted that removing a senator for six months effectively denies her constituents representation for an entire legislative year.
She, therefore, directed the Senate to recall Senator Akpoti-Uduaghan to resume her legislative duties.
Appeal Challenges Legality Of Ruling
In her six-point appeal, Senator Akpoti-Uduaghan is challenging both the legality and fairness of the contempt ruling. One of her core arguments is that the satirical Facebook post had no direct bearing on the pending court matter.
According to her, ... addressed sexual harassment issues, while the ongoing case at the time was about the legality of her suspension from the Senate, making the contempt charge both misplaced and excessive.
The senator further contends that the judge erred in law by imposing what she described as a criminal sanction (fine) in a civil contempt matter without following due criminal procedures, including proof beyond a reasonable doubt.
She accused the trial judge of breaching her right to a fair hearing and ignoring provisions of the Sheriffs and Civil Process Act, which outlines the proper process for contempt proceedings.
In her notice of appeal, Akpoti-Uduaghan argued, “The lower court lacked jurisdiction to try contempt ex facie curiae and had no legal authority to impose a fine payable to the federal government in a civil matter.”
She also described the ₦5 million penalty as “excessive and punitive,” seeking for it to be completely quashed.
Ultimately, Senator Akpoti-Uduaghan is asking the Court of Appeal to:
Set aside the judgment by Justice Binta Nyako,
Declare that the trial court lacked jurisdiction to hear the contempt charge,
Affirm that contempt proceedings of this nature require criminal procedure, and
Nullify the imposed fine and apology directive.