Natasha Akpoti Appeals ₦5m Contempt Ruling, Says Facebook Post Was Misunderstood, Not Defiant

Senator Natasha Akpoti-Uduaghan has appealed her ₦5 million contempt fine imposed by Justice Nyako.

She argues the court lacked jurisdiction and her satirical post didn’t warrant criminal contempt charges.

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Senator Natasha Akpoti-Uduaghan has approached the Court of Appeal in Abuja to challenge a Federal High Court ruling that found her guilty of contempt and fined her ₦5 million. The lawmaker, in a notice of appeal, is asking the appellate court to overturn the July 4 verdict by Justice Binta Nyako, arguing that the judgment was flawed, lacked jurisdiction, and violated her right to a fair hearing.

Justice Nyako’s ruling stemmed from a satirical Facebook post by Akpoti-Uduaghan, which was deemed to have violated a standing court order. The post, directed at Senate President Godswill Akpabio, was cited as contemptuous, leading to the court’s order for an acceptable and public apology in two national newspapers and on her Facebook page.

However, Akpoti-Uduaghan insists that the satirical post had no connection with the case before the court. Her appeal argues that the contempt was allegedly committed ex-facie curiae outside the immediate presence of the court and, therefore, required criminal trial procedures, which were not followed.

“The Learned Trial Judge erred in law when her Ladyship assumed jurisdiction… and summarily found the Appellant liable for a punitive fine,” the appeal states. Her legal team also cited the Supreme Court’s decision in Omojahe v. Umoru (1999) to argue that a proper contempt trial was not conducted and that the failure to do so led to a miscarriage of justice.

The senator further argued that due process was ignored, particularly the non-issuance of Forms 48 and 49, which are procedural prerequisites under the Sheriffs and Civil Process Act before any punishment for contempt can be enforced.

Akpoti-Uduaghan also accused the trial judge of granting reliefs that the 3rd respondent, Senate President Akpabio, did not request. The original application, she noted, did not demand the payment of a ₦5 million fine. Yet, the judge imposed it as a criminal penalty, which her legal team argues cannot be awarded in a civil proceeding.

“The Learned Trial Judge substituted the 3rd Respondent’s reliefs with her order,” the appeal states. “A fine payable to the Federal Government can only be imposed after a criminal trial, not in a civil contempt matter.”

In addition to disputing the legal basis of the contempt ruling, Akpoti-Uduaghan also described the fine as excessive and disproportionate. She maintained that her post was misunderstood and did not constitute willful disobedience of the court’s order.

The appeal seeks the following reliefs:

• That the judgment of the Federal High Court delivered on July 4, be set aside in its entirety.
• A declaration that the contempt proceedings were improperly conducted.
• A ruling that the Facebook post in question does not amount to contempt.
• A confirmation that the Federal High Court lacked the jurisdiction to try ex-facie contempt in the manner it did.

This legal challenge comes after a period of silence from the Kogi Central senator, who had faced criticism following the contempt ruling. The original restraining order was issued to prevent parties from making public comments on a pending case, and Justice Nyako’s ruling found that Akpoti-Uduaghan had breached that directive.

Also weighing in on the matter is growing concern over the balance between judicial authority and constitutional freedoms. Legal analysts say the appeal could test the limits of how contempt is interpreted in the digital age, particularly when satire and political commentary are involved.

The appeal is now awaiting a hearing date at the Abuja Division of the Court of Appeal.