By Abbanobi-Eku Onyeka
Abuja
Senator Natasha Akpoti-Uduaghan has filed a counter-affidavit before the Supreme Court of Nigeria, opposing an appeal by Senate President Godswill Akpabio. The counter-affidavit, deposed to by a Senior Legislative Aide, responds to Akpabio’s Motion on Notice dated January 21, 2026.
Court documents reveal the respondents are urging the apex court to dismiss the application, citing no prima facie good cause and abuse of court process. The Court of Appeal had concluded hearing in the substantive appeal on November 28, 2025, and reserved judgment.
The respondents argue Akpabio’s approach to the Supreme Court interferes with an advanced appellate process. Akpabio had ample opportunity to present his case before the Court of Appeal, and his brief was procedurally non-compliant.
The dispute centers on alleged breach of Court of Appeal Rules, 2021, which prescribe a 35-page limit for briefs. Akpabio’s brief exceeded the limit, and he failed to regularize the defect.
The respondents’ brief was properly filed and compliant. The Court of Appeal declined to admit Akpabio’s over-length brief and proceeded with valid processes.
The grounds of appeal raise issues of mixed law and fact, requiring prior leave of court, which wasn’t sought or obtained, rendering the appeal incompetent.
The respondents argue the Court of Appeal exercised its discretion judicially, and Akpabio wasn’t denied fair hearing. They’re urging the Supreme Court to dismiss the application, calling it a stalling tactic.
The case is likely to test appellate procedure, judicial discretion, and post-hearing interventions in Nigeria’s judicial system.
