AKPOTI-UDUAGHAN CHALLENGES AKPABIO AT SUPREME COURT

AKPOTI-UDUAGHAN CHALLENGES AKPABIO AT SUPREME COURT AS SENATE CONFIRMS NEW JUSTICE
Senator Natasha Akpoti-Uduaghan files a counter-affidavit opposing Senate President Akpabio’s appeal at the Supreme Court, even as the Senate confirms Justice Oyewole as a new Supreme Court Justice.

1. Akpoti-Uduaghan Files Counter-Affidavit at Supreme Court
   Kogi Central Senator Natasha Hadiza Akpoti-Uduaghan has filed a counter-affidavit at the Supreme Court of Nigeria, challenging an appeal brought by Senate President Godswill Akpabio.
   The counter-affidavit was deposed to by a Senior Legislative Aide and filed in response to Akpabio’s Motion on Notice dated January 21, 2026. In her filing, Akpoti-Uduaghan’s team is urging the Supreme Court to dismiss the appeal in its entirety, saying it is legally baseless and an abuse of court process.
2. Grounds of the Legal Challenge
   The counter-affidavit argues several procedural and substantive points against Akpabio’s appeal:
   The Court of Appeal had already concluded hearing the substantive appeal on November 28, 2025, and reserved judgment, making a fresh move to the Supreme Court premature.
   Akpabio’s brief of argument exceeded the 35-page limit prescribed by the Court of Appeal Rules, 2021, and was allegedly not regularised within the allowed time, leading the lower court to decline its admission. The appeal’s grounds are said to involve mixed law and fact, for which prior leave of court is required but was not obtained, rendering the appeal incompetent.
   Respondents also contend that the appeal was filed with the intent to interfere with an ongoing appellate process nearing final determination. The legal dispute stems from Akpoti-Uduaghan’s suspension by the Senate in February 2025, following a recommendation by the Senate Committee on Ethics, Privileges and Public Petitions. Akpoti-Uduaghan challenged the Senate’s action at the Federal High Court in Abuja, which in July 2025 ruled the suspension excessive and unconstitutional.
   Akpabio appealed that judgment to the Court of Appeal, where the appellate court reportedly struck out his brief for procedural defects, affirming the lower court judgment.
   Subsequently, Akpabio moved to the Supreme Court seeking extension of time to appeal and various declarations on procedural issues prompting Akpoti-Uduaghan’s counter-affidavit filing. This legal battle reflects deep procedural disputes over court filing rules and parliamentary powers versus judicial oversight. Senate Unanimously Approves Justice Oyewole
   On the same day as the legal filing, the Nigerian Senate unanimously confirmed Hon. Justice Joseph Olubunmi Kayode Oyewole as a Justice of the Supreme Court of Nigeria following the report of the Senate Committee on Judiciary, Human Rights and Legal Matters. The confirmation followed a thorough screening on January 29, 2026, during which Oyewole fielded lawmakers’ questions and was found to have demonstrated exceptional competence Senate President Akpabio, who presided over the voice vote, commended the nominee and praised President Bola Tinubu for the choice, saying intentional confidence in his integrity prevailed.
   Oyewole’s confirmation reinforces the makeup of Nigeria’s apex court and comes amid heightened judicial and political focus on constitutional and procedural jurisprudence.
   The legal tussle between Akpoti-Uduaghan and the Senate President underscores growing tensions between legislative authority and judicial review in high-profile political disputes.
   Akpoti-Uduaghan’s push to quash Akpabio’s appeal on procedural grounds signals strategic use of court process to defend her rights and challenge perceived overreach.
   The case also highlights the importance of strict compliance with procedural rules at appellate levels, including page limits and leave requirements, to maintain credibility of appeals.
   The Senate’s confirmation of a new justice amid the dispute points to a parallel trajectory of strengthening judicial capacity while legal conflicts involving lawmakers play out.