Natasha Akpoti-Uduaghan, senator representing Kogi central, has appealed part of a judgement 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 by Justice Binta Nyako.
The appeal, filed by Roland Otaru, her counsel, also asked the appellate court to nullify the public apology order issued against her.
Nyako had, in a July 4 ruling, found the senator guilty of disobeying a court order barring parties from discussing the case in the media.
She 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.
Akpoti-Uduaghan, however, 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,” she said.
“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 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 appeal reads.
“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.
Among other reliefs, she wants a declaration that her Facebook post of April 27 does not constitute contempt of the orders made on April 4.
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