Justice Obiora Egwuatu of the Federal High Court in Abuja, assigned to hear a suit filed by the suspended Senator for Kogi Central, Natasha Akpoti-Uduaghan, recused himself from the case on Tuesday.
His decision stemmed from a petition submitted by Senate President Godswill Akpabio, which questioned his impartiality in the matter.
Although the suit was scheduled for a hearing, when the court’s clerk called the matter, Justice Egwuatu delivered a brief ruling announcing his withdrawal. He stated that the case file would be returned to the Chief Judge for reassignment to another judge.
It is noteworthy that Justice Egwuatu had previously issued an interim order on March 4, halting the Senate Committee on Ethics, Privileges and Public Petitions from proceeding with disciplinary actions against Senator Akpoti-Uduaghan, who was accused of violating legislative rules. He ruled that the disciplinary process should be paused until the suit brought by the beleaguered lawmaker was resolved.
Furthermore, Justice Egwuatu 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 adhering to the rights guaranteed by the 1999 Constitution (as amended), the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act.
He permitted the plaintiff to serve the Originating Summons and all relevant documents on the defendants through alternative means, either by delivering the documents to the Clerk of the National Assembly or by posting them on the premises of the National Assembly and publishing the information in two national newspapers.
These interim orders resulted from an ex-parte application and an affidavit of urgency submitted by the lawmaker.
However, in defiance of the court’s orders, the Senate Committee conducted its session and imposed a six-month suspension on the plaintiff.
Subsequently, in response to a motion from the defendants, Justice Egwuatu amended the interim order he had issued in favour of the plaintiff, removing the prohibition against the Senate from conducting any activities during the pendency of the suit. The Senate President, through his legal team led by Mr. Kehinde Ogunwumiju, SAN, challenged the court’s authority to intervene in Senate matters.
I am particularly not surprised.