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Sen Natasha opposes Akpabio’s Supreme Court appeal, submits counter-affidavit

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Senator Natasha Akpoti-Uduaghan has submitted a counter-affidavit at the Supreme Court of Nigeria opposing an appeal filed by Senate President, Senator Godswill Akpabio, over a matter that earlier went through the Court of Appeal.

Court documents obtained in Abuja showed that the counter-affidavit was sworn to by a Senior Legislative Aide to Akpoti-Uduaghan.

The filing was made as a response to Akpabio’s Motion on Notice dated January 21, 2026.

In the documents, the respondents urged the Supreme Court to throw out the application completely. They argued that the appeal does not present any “prima facie good cause” and described it as an abuse of court process.

It further stated that the Court of Appeal had already concluded hearing in the substantive appeal on November 28, 2025, and reserved the matter for judgment.

The respondents equally contend that approaching the Supreme Court at this stage amounts to an attempt to interfere with an appellate process that has reached an advanced stage and is awaiting final determination.

The filing further maintains that the Senate President was afforded ample opportunity to present his case before the Court of Appeal in strict compliance with the Rules of Court.

It asserts that the brief of argument filed by Senator Akpoti-Uduaghan was properly before the lower court, procedurally compliant, and was never formally challenged during the proceedings.

Central to the dispute is an alleged breach of the Court of Appeal Rules, 2021, which prescribe a maximum of 35 pages for briefs of argument.

The respondents contend that while the legal teams representing Senator Akpoti-Uduaghan, the Clerk of the National Assembly, and another respondent complied with the page limit, the Senate President filed a brief running well beyond the prescribed limit.

They further allege that the appellant failed to regularize the defect within the timeframe allowed by the Rules. Consequently, the Court of Appeal is said to have declined to admit the over-length brief and proceeded to hear the appeal based on the valid and properly filed processes before it.

On the substantive legal issues, the respondents argue that the grounds of appeal relied upon by the appellant raise issues of mixed law and fact.

The respondents insisted that prior leave of court was mandatory before such grounds could be competently filed and maintain that no such leave was sought or obtained, rendering the appeal incompetent ab initio.

The counter-affidavit also addresses complaints relating to adjournment and fair hearing, maintaining that the grant or refusal of an adjournment lies within the discretionary powers of the court. It submits that the Court of Appeal exercised its discretion judicially and judiciously and that the appellant was not denied fair hearing at any stage of the proceedings.

Their prayer is that the Supreme Court should dismiss the application in its entirety. Senator Akpoti-Uduaghan described the appeal as an attempt to stall or frustrate the delivery of judgment by the Court of Appeal.

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Pearl Essien is a digital content creator and a graduate of the prestigious University of Calabar. With over four years of experience in writing, she specializes in crafting engaging stories that inform and inspire readers. Outside of her work, Pearl enjoys storytelling, reading, and playing table tennis, bringing the same curiosity and passion to her hobbies as she does to her writing.

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