Justice Obiora Egwuatu of the Federal High Court in Abuja has withdrawn from hearing the suit filed by suspended Senator Natasha Akpoti-Uduaghan of Kogi Central, citing a petition from Senate President Godswill Akpabio that challenged his impartiality.
Despite the suit being scheduled for a hearing, Justice Egwuatu announced his decision in a brief ruling, stating that the case file would be returned to the Chief Judge for reassignment to another judge.
This decision stems from a petition submitted by Senate President Akpabio, questioning Justice Egwuatu’s objectivity in handling the case.
Previously, on March 4, Justice Egwuatu had issued an interim order halting the Senate Committee on Ethics, Privileges and Public Petitions from proceeding with disciplinary action against Senator Akpoti-Uduaghan, who was accused of violating legislative house rules. He ruled that the disciplinary process should be suspended pending the resolution of the lawsuit brought by the senator.
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Justice Egwuatu also granted the defendants 72 hours to explain why an interlocutory injunction should not be issued to prevent them from investigating the plaintiff for alleged misconduct, without affording her the rights guaranteed by the 1999 Constitution, the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act.
He authorized the plaintiff to serve the Originating Summons and related documents to the defendants via substituted means, either by delivering them to the Clerk of the National Assembly, posting them on the National Assembly premises, or publishing them in two national newspapers.
These interim orders followed an ex-parte application and an affidavit of urgency submitted by the lawmaker.
However, the Senate Committee proceeded with its sitting despite the court orders, ultimately suspending the plaintiff for six months.
Subsequently, in response to an application from the defendants, Justice Egwuatu amended his interim order, removing the provision that prohibited the Senate from conducting any activities during the pendency of the suit.
Senate President Akpabio, through his legal team led by Mr. Kehinde Ogunwumiju, SAN, had questioned the court’s jurisdiction to interfere in the Senate’s internal affairs.
