Senator Natasha Hadiza Akpoti-Uduaghan has filed a counter-affidavit at the Supreme Court of Nigeria opposing an appeal instituted by the President of the Senate, Senator Godswill Akpabio, court documents show.
The counter-affidavit was filed in Abuja in response to Senator Akpabio’s Motion on Notice dated January 21, 2026, and was deposed to by a senior legislative aide to Senator Akpoti-Uduaghan.
The filing urges the apex court to dismiss the appeal in its entirety, on the basis that it discloses no prima facie good cause and amounts to an abuse of court process.
According to the court documents, the Court of Appeal had concluded hearing the substantive appeal on November 28, 2025, and had reserved the matter for judgment.
The respondents, “Akpoti-Uduaghan’s legal team and others” argue that bringing the matter before 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 counter-affidavit also maintains that Senator Akpabio was afforded ample opportunity to present his case before the Court of Appeal in line with the Rules of Court, and that Akpoti-Uduaghan’s brief of argument was properly before the lower court, procedurally compliant, and never formally challenged.
Central to the respondents’ contention is an alleged breach of the Court of Appeal Rules, 2021, which prescribe a maximum of 35 pages for briefs of argument.
They contend that while their legal teams complied with this limit, Senator Akpabio’s brief exceeded the prescribed pages and was not regularised within the allowed timeframe.
On the substantive legal issues, the counter-affidavit argues that the grounds of appeal relied on by Senator Akpabio raise mixed questions of law and fact. The respondents are asking the Supreme Court of Nigeria to dismiss the entire appeal.
With the matter now before the Supreme Court, the apex court will consider submissions from both sides on whether the appeal should be admitted and heard or dismissed outright.
