A judge of the Federal High Court in Abuja, Justice Obiora Egwuatu, on Tuesday withdrew from hearing a lawsuit filed by Kogi Central Senator Natasha Akpoti-Uduaghan, who is challenging her suspension by the Senate.
Justice Egwuatu’s recusal follows a petition from Senate President Godswill Akpabio, who questioned his impartiality in the case. The judge announced his withdrawal when the case was called, stating that the matter would be reassigned to another judge by the Chief Judge.
This latest development adds another layer of uncertainty to Akpoti-Uduaghan’s legal battle, as she seeks to overturn the six-month suspension imposed on her by the Senate. The case has faced multiple setbacks, including a March 19 ruling by the same judge reversing an earlier order that had temporarily halted the Senate’s disciplinary proceedings against her.
Even if reassigned swiftly, the case faces potential delays, particularly as the Court of Appeal is set to hear Akpabio’s request for a stay of proceedings regarding the suit.
Background of the Case
Justice Egwuatu had previously issued an interim injunction on March 4, restraining the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with disciplinary action against Akpoti-Uduaghan for alleged violations of Senate rules.
The order was given before the committee reached a decision. The judge directed the Senate to suspend its disciplinary process until the suit was determined, further granting 72 hours for the defendants to justify why an injunction should not be issued against them.
He also approved substituted service of court documents on the Senate, instructing that they be delivered to the Clerk of the National Assembly, pasted within its premises, and published in two national newspapers.
Senate President Akpabio has consistently opposed the court proceedings. On March 20, he filed an application at the Court of Appeal in Abuja seeking to halt the Federal High Court’s hearing of Akpoti-Uduaghan’s case and requested permission to appeal an interlocutory ruling issued on March 10.
Led by Senior Advocate of Nigeria (SAN) Kehinde Ogunwumiju, Akpabio’s legal team argued that the lower court’s decision to hear all pending applications together contradicted established legal principles. The Senate President also filed an application for a stay of proceedings at the Federal High Court, urging it to suspend the case until the appeal is resolved.
A key point of contention is the March 4 interim injunction that stopped the Senate’s disciplinary process against Akpoti-Uduaghan. In response, she filed applications for a mandatory injunction and contempt proceedings against Senate officials, accusing them of disregarding the court’s orders.
Setback for the Suspended Senator
The Federal High Court, on March 19, reversed a part of its March 4 order that had restrained the Senate from taking action against Akpoti-Uduaghan, siding with the Senate’s argument that the ruling was vague and could infringe on legislative powers.
Originally, the court had scheduled March 25 to hear all pending applications, but with the Court of Appeal now set to hear Akpabio’s appeal on the same day, the lower court’s proceedings may face further delays.
The Origins of the Dispute
Akpoti-Uduaghan’s legal troubles stem from a February 20 Senate session where she clashed with Akpabio over her seating arrangement. The confrontation led to her referral to the Senate Committee on Ethics, which subsequently initiated disciplinary action.
Despite the March 4 court order suspending disciplinary proceedings, the Senate went ahead and suspended her on March 6, citing misconduct. She responded by filing a contempt suit against Senate officials for allegedly ignoring the court’s directive.
At a March 10 hearing, Justice Egwuatu ruled that all pending applications in the suit would be heard together. Akpabio’s legal team objected, arguing that this procedural approach was flawed.
On March 17, the Senate’s lawyer, Senior Advocate of Nigeria (SAN) Chikaosolu Ojukwu, formally challenged the March 4 interim order, arguing that it lacked clarity and encroached on legislative independence. The Federal High Court agreed and vacated part of the order on March 19.
Appeal Court Showdown
Akpabio’s March 20 appeal also seeks an extension of time to challenge the March 10 ruling, with his lawyers arguing that the Federal High Court erred in deciding to hear all pending applications simultaneously.
His legal team claims that delays in filing the appeal were due to the court’s procedural decision. They also argue that allowing the Federal High Court to continue hearing the case while an appeal is pending could render any appellate decision ineffective.
With the Court of Appeal set to hear Akpabio’s application, the fate of Akpoti-Uduaghan’s case now hinges on upcoming judicial decisions, leaving the embattled senator’s legal battle hanging in the balance.
