Constitutionalism, Judicial Authority, and the Nigerian Senate: A Critical Analysis of the Senator Natasha Akpoti-Uduaghan and Senate President Face-off - Ola Olateju

                                                                                                            Political Panorama Issue No 3

The concept of constitutionalism is deeply rooted in the idea that governmental authority is derived from and limited by a fundamental law. It embodies principles of separation of powers, checks and balances, and the rule of law. As Montesquieu asserted, “There is no liberty if the power of judging is not separated from the legislative and executive.” When legislative institutions deviate from these principles, democracy is weakened, governance becomes arbitrary, and the rule of law is endangered.

The recent confrontation between Senator Natasha Akpoti-Uduaghan and Senate President Godswill Akpabio provides a striking case study of how power dynamics within the Nigerian Senate test the boundaries of constitutionalism. The incident underscores not only the institutional weaknesses of the Senate but also the broader implications for Nigerian democracy. 

Senate President and Senator Natasha Akpoti-Uduaghan

The Senate as a Pillar of Constitutional Democracy

The Nigerian Senate, as an integral component of the National Assembly, is vested with legislative powers under Section 4 of the 1999 Constitution of Nigeria (as amended). Its functions include lawmaking, oversight of the executive, and  representation of constituencies. Ideally, it should operate as a deliberative assembly where diverse perspectives, including those of minority voices and opposition members, shape national discourse.

However, the recent face-off between Akpoti-Uduaghan and Akpabio highlights the erosion of deliberative democracy within the Senate. In her attempt to bring attention to matters of public interest, including allegations of executive overreach and legislative complicity, Akpoti-Uduaghan was reportedly interrupted and silenced by the Senate President. This raises serious questions about parliamentary independence, internal democracy, and gendered power dynamics within the Nigerian legislature.

As John Locke famously argued, “Wherever law ends, tyranny begins.” The suppression of dissenting voices in the Senate suggests a drift toward autocratic parliamentary leadership, where procedural rules are manipulated to stifle opposition rather than foster debate. Furthermore, constitutionalism demands that legislative bodies function as autonomous institutions, free from executive dominance. When the presiding officer of the Senate aligns too closely with executive interests, it compromises the Senate’s role as a check on governmental power and weakens the fabric of Nigeria’s constitutional democracy.

The Face-Off: Power, Gender, and Parliamentary Autocracy

A. Power Struggles and Institutional Integrity

Hajiya Imaan-Sulaiman Ibrahim
Hon Minister of Women Affairs

The altercation between Akpoti-Uduaghan and Akpabio is not merely a personal dispute; it symbolizes a larger struggle over the integrity of the Senate. The Senate President wields considerable influence, controlling legislative proceedings, speaking time, and even disciplinary actions. This centralized power often leads to partisan bias and executive subservience, undermining the Senate’s role as a check on executive authority.

As Aristotle noted, “Democracy arises out of the notion that those who are equal in any respect are equal absolutely.” If parliamentary debates are selectively controlled based on political alignment rather than constitutional rights, the Senate becomes a tool of the ruling party rather than a forum for genuine democratic engagement.

A truly constitutional legislature must ensure that all members—regardless of party affiliation—are given equal opportunity to express their views. The tendency of Senate leadership to suppress opposition figures erodes the legitimacy of legislative institutions and undermines the spirit of democratic representation. Without a commitment to constitutionalism, parliamentary processes risk becoming instruments of authoritarian governance, where power is wielded for partisan control rather than democratic deliberation.

B. Gender and Political Marginalization

Erelu Bisi Fayemi

Natasha Akpoti-Uduaghan’s experience also reflects the broader struggle of women in Nigerian politics. Female politicians often face institutionalized discrimination, subtle delegitimization of their voices, and outright exclusion from decision-making processes. This reinforces a political culture that remains patriarchal and resistant to gender inclusivity.    

As Simone de Beauvoir observed, “Representation of the world, like the world itself, is the work of men; they describe it from their own point of view, which they confuse with the absolute truth.” The treatment of Akpoti-Uduaghan is symptomatic of a legislative system where male-dominated leadership structures define the boundaries of acceptable discourse. If Nigeria’s democratic institutions are to embody true constitutionalism, they must also embrace gender equality in political representation and decision-making processes.

Implications of Senate Decisions on Nigeria’s Democracy

The Nigerian Senate plays a vital role in upholding constitutional democracy, ensuring legislative independence, and serving as a check on executive power. However, when it disregards judicial decisions and suppresses dissenting voices, it poses significant risks to democratic governance.

1.              Erosion of Constitutionalism and Judicial Authority

A legislature that disregards judicial rulings undermines constitutional governance, replacing legal frameworks with arbitrary power. If the Senate continues to defy court decisions, it weakens the judiciary's role as the guardian of constitutional rights and sets a dangerous precedent where legal judgments become optional rather than binding.

2.              Undermining Legislative Independence and Oversight

The Senate's suppression of dissenting voices and opposition figures signals a shift toward legislative authoritarianism. Instead of serving as an independent deliberative body, it risks becoming a rubber-stamp institution that aligns with executive interests rather than holding them accountable. This weakens Nigeria’s democratic institutions and increases the likelihood of unchecked corruption and executive impunity.

3.              Concentration of Power and Parliamentary Autocracy

If Senate leadership arbitrarily controls legislative discourse and disregards legal boundaries, future Senate Presidents may expand their influence, further consolidating power. This would erode the principle of checks and balances, transforming the Senate into an autocratic body where decisions are made unilaterally rather than through democratic deliberation.

4.              Political and Gender-Based Marginalization

The treatment of Senator Natasha Akpoti-Uduaghan reflects broader issues of political exclusion and gender-based discrimination. If the Senate can silence opposition figures—particularly women—through procedural manipulation, it reinforces systemic barriers that limit political representation and diversity in governance. This threatens the inclusivity essential for a healthy democracy.

“The law, which restrains a man from doing mischief to his fellow citizens, though it diminishes the natural, increases the civil liberty of mankind.” — William Blackstone

Constitutional democracy rests on the twin pillars of separation of powers and the rule of law. The legislature, executive, and judiciary are expected to operate independently yet in harmony, ensuring that no branch wields unchecked power. However, when a legislative body defies a judicial order, as seen in the Nigerian Senate’s refusal to comply with the court ruling that halted Senator Natasha Akpoti-Uduaghan’s trial, the entire democratic system is threatened.

The Senate, despite a clear judicial directive to halt disciplinary proceedings, proceeded with the Senate Committee on Ethics and Privileges’ investigation, culminating in her suspension for six months. This blatant disregard for judicial authority raises fundamental concerns about constitutionalism, the limits of legislative power, and the future of Nigeria’s democracy.

The Rule of Law and Legislative Defiance

The rule of law requires that all institutions, including the legislature, operate within legal limits and respect judicial pronouncements. John Locke famously warned, “Wherever law ends, tyranny begins.” When the Senate chooses which court orders to obey, it signals the entrenchment of legislative authoritarianism, undermining Nigeria’s fragile democracy.                                    

Justice Kudirat Kekere Ekun
Chief Justice of the Federation

Legal experts emphasize that no branch of government should be a judge in its own cause. A.V. Dicey, in his doctrine of the rule of law, noted: “No man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner  before the ordinary courts of the land.” By proceeding with Akpoti-Uduaghan’s suspension despite a court order restraining the process, the Senate acted outside its constitutional jurisdiction, setting a dangerous precedent that weakens judicial authority and emboldens future legislative excesses.

Separation of Powers: An Endangered Doctrine

The doctrine of separation of powers, as articulated by Montesquieu, ensures that each branch of government checks and balances the others to prevent despotism. When the Senate overrides a court order, it erodes judicial independence and diminishes the judiciary’s ability to protect individual rights against legislative overreach.

Former U.S. Supreme Court Justice Felix Frankfurter warned: “If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny.” The Nigerian Senate, by ignoring a court directive, has essentially declared itself above judicial scrutiny, signaling the rise of legislative impunity. If left unchecked, such actions could inspire similar disregard from other arms of government, resulting in a lawless state where power is wielded arbitrarily.

Judicial Weakening and Loss of Public Trust

When court orders are openly flouted, the judiciary’s authority is undermined, leading to loss of public confidence. If the judiciary is perceived as powerless to enforce its rulings, ordinary citizens may disregard legal decisions, paving the way for civil disobedience and anarchy.

Cicero, the Roman statesman, cautioned that “We are all servants of the laws in order that we may be free.” The Senate’s action sends a dangerous message that legal rulings can be ignored at will, effectively diminishing the judiciary’s role as the final arbiter in disputes.

Democratic Reversal and the Normalization of Impunity

A fundamental feature of dictatorships is the subjugation of the judiciary to the whims of the ruling elite. If the legislature can override court decisions without consequence, then the executive and other institutions may soon follow suit, leading to the total collapse of constitutional governance.

As Justice Louis Brandeis warned: “The greatest dangers to liberty lurk in insidious encroachments by men of zeal, well-meaning but without understanding.” The Senate’s overreach in Natasha Akpoti-Uduaghan’s case is a classic example of such an insidious encroachment—a seemingly procedural decision that fundamentally weakens democracy.

Gendered Political Suppression and Institutionalized Exclusion

Akpoti-Uduaghan’s suspension is not just a legal issue—it is a political and gender issue. Female politicians in Nigeria already face systemic barriers, including intimidation, exclusion, and political violence. Former UN Secretary-General Kofi Annan aptly stated: “The full participation of women in political and economic life is essential for democracy and justice.” By suspending a female senator in defiance of a court order, the Senate has reinforced the perception that women’s political voices can be silenced through institutional manipulation. This discourages women’s political participation, perpetuating Nigeria’s long-standing problem of male-dominated governance.

Late Hajiya Sawaba Gambo:
Nigeria's most jailed female political activist

 The Way Forward: Restoring Constitutional     Order

 To reverse this dangerous trajectory, urgent         corrective actions are needed:

 Judicial Enforcement of Contempt         Proceedings:

 The judiciary must hold the Senate accountable   through contempt proceedings to assert its     authority.

 Legislative Restraint and Institutional     Reforms:

The Senate must be reminded that it is subject to judicial review, and mechanisms should be put in place to prevent future breaches.

Civil Society and Public Resistance:

Civic groups and the media must amplify cases of legislative impunity, ensuring that public pressure forces compliance with judicial rulings.

Increased Women’s Political Protection:

Legal reforms must safeguard female politicians from arbitrary suspensions, ensuring their full participation in governance.

The Urgent Need for Legislative Reform

The face-off between Akpoti-Uduaghan and Akpabio is not just a political incident—it is a symptom of deeper institutional weaknesses. For Nigeria’s democracy to thrive, the Senate must reclaim its role as a transparent, accountable, and independent body. Upholding constitutional principles, respecting judicial authority, and fostering inclusive legislative debates are essential to reversing the dangerous trends of legislative autocracy and democratic backsliding

Conclusion: A Democracy at the Crossroads

The Senate’s defiance of the judiciary in Natasha Akpoti-Uduaghan’s case is not just a legal issue—it is a warning sign for Nigeria’s democracy. If unchecked, it could open the floodgates to widespread constitutional violations, transforming the Senate from a deliberative body into an instrument of oppression.   

As Thomas Jefferson cautioned: “An elective despotism was not the government we fought for.” Nigeria now faces a critical choice: Uphold the rule of law and constitutional governance, or descend into legislative tyranny. The path taken will determine the future of democracy in Nigeria.

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