Justice Obiora Egwuatu of the Abuja High Court in Abuja has withdrawn from hearing the suit filed by suspended Senator Natasha Akpoti-Uduaghan of Kogi Central, citing a petition from Senate President Godswill Akpabio that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.
Though the suit is scheduled for a hearing, Justice Egwuatu announced his decision in a brief ruling and stated that the case file would be returned to the Chief Judge so it could be reassigned to another judge.
This decision stems from a petition submitted by Senate President Akpabio,challenging questioning Justice Egwuatu’s objectivity in handling the case.
On March 4, Justice Egwuatu issued an interim order stopping the Senate Committee on Ethics, Privileges and Public Petitions from proceeding with disciplinary action against Senator Akpoti-Uduaghan, who was accused of contravening legislative house rules. He ruled that the disciplinary process should be suspended pending the resolution of the lawsuit that the senator brought.
Also, Justice Egwuatu granted the defendants 72 hours to explain why an interlocutory injunction should not be issued to stop 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 through substituted means, either by submitting them to the Clerk of the National Assembly, posting them on the National Assembly premises, or publishing them in two national newspapers.
The interim orders followed an ex-parte application and an affidavit of urgency submitted by the lawmaker.
Meanwhile, the Senate Committee carried on with its sitting despite the court orders, ultimately suspending the plaintiff for six months.
Justice Egwuatu subsequently amended his interim order in response to an application from the defendants, removing the provision that prohibited the Senate from carrying out any activities during the pendency of the suit.
The Senate President Akpabio through his legal team led by Mr. Kehinde Ogunwumiju, SAN, had questioned the jurisdiction of the court to interfere in the internal affairs of the Senate.
