Justice Obiora Egwuatu of the Federal High Court in Abuja has recused himself from the suit filed by Senator Natasha Akpoti-Uduaghan against Senate President Godswill Akpabio and others. The case seeking to prevent the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with disciplinary action against Akpoti-Uduaghan over alleged misconduct.
Justice Egwuatu announced his withdrawal on Tuesday, citing allegations of bias leveled against the court by Akpabio, who is the third defendant in the suit. The Senate President reportedly expressed a lack of confidence in the court’s ability to deliver justice in the matter. Following his withdrawal, Justice Egwuatu directed that the case file be sent to the Chief Judge, Justice John Tsoho, for reassignment.
On March 4, the court had issued an order declaring the suspension of Senator Natasha Akpoti-Uduaghan as null and void. However, following arguments from both parties, the judge vacated the order on March 19. The Senate, represented by its legal counsel Chikaosolu Ojukwu, SAN, had argued that the order interfered with the legislature’s constitutional functions, warning that it could lead to a constitutional crisis.
Ojukwu emphasized that by Section 4 of the 1999 Constitution, the Senate has the authority to regulate its proceedings and discipline its members. He argued that the court lacked the jurisdiction to restrain the Senate from performing its legislative duties. Other defence lawyers, including Charles Yoila (representing the Clerk of the National Assembly), Kehinde Ogunwumiju, SAN (for Akpabio), and Umeh Kalu, SAN (for the Senate Committee Chairman, Neda Imasuem), supported the motion to vacate the order.
However, Michael Numa, SAN, representing Senator Akpoti-Uduaghan, opposed the motion. He described the arguments by the defense as a conspiracy against his client and urged the court to dismiss the application. Numa accused the defendants of deliberately disobeying a valid court order and called on the court to exercise its disciplinary powers against them.
He further contended that the Senate’s actions in proceeding with the disciplinary hearing despite the court’s order amounted to contempt of court. According to a contempt charge filed by Akpoti-Uduaghan, the Senate’s decision to suspend her despite the March 4 order was a direct act of defiance against the judiciary.
With Justice Egwuatu’s withdrawal from the case, the matter now awaits reassignment by the Chief Judge for further proceedings.
