Judge withdraws from Akpoti-Uduaghan’s case, cites Akpabio’s petition

In a significant legal development, Justice Obiora Egwuatu of the Federal High Court in Abuja has recused himself from hearing the case filed by suspended Senator Natasha Akpoti-Uduaghan of Kogi Central.

The decision follows a petition from Senate President Godswill Akpabio, which raised concerns over the judge’s impartiality.

Despite the case being scheduled for a hearing, Justice Egwuatu announced in a brief ruling that he would be stepping down and returning the case file to the Chief Judge for reassignment.

This decision comes in response to Senate President Akpabio’s petition, which questioned the objectivity of the judge in handling the politically sensitive case.

The legal battle stems from Senator Akpoti-Uduaghan’s suspension by the Senate following allegations of violating legislative house rules.

On March 4, Justice Egwuatu had issued an interim order restraining the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with disciplinary actions against the lawmaker.

He ruled that the process should be put on hold pending the outcome of the lawsuit initiated by Akpoti-Uduaghan.

READ ALSO: SERAP sues Akpabio over suspension of Senator Natasha Akpoti-Uduaghan

The judge further directed the defendants to respond within 72 hours, explaining why an interlocutory injunction should not be granted to prevent them from investigating the senator without due process, as guaranteed under the 1999 Constitution, the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act.

Additionally, he authorized the plaintiff to serve legal documents via substituted means, including delivery to the Clerk of the National Assembly, posting at the National Assembly premises, or publishing in two national newspapers.

Despite the court’s directive, the Senate Committee proceeded with its disciplinary process, ultimately suspending Akpoti-Uduaghan for six months.

The move intensified the legal standoff between the senator and the legislative body.

In response to a subsequent application by the defendants, Justice Egwuatu amended his interim order, removing the provision that barred the Senate from conducting any legislative activities while the case was pending.

This adjustment appeared to acknowledge concerns over the judiciary’s interference in the internal affairs of the legislature.

Representing Senate President Akpabio, a legal team led by Senior Advocate of Nigeria (SAN) Kehinde Ogunwumiju, contested the court’s jurisdiction in intervening in the Senate’s internal disciplinary measures. The petition questioning Justice Egwuatu’s neutrality has now led to his withdrawal, setting the stage for a new judge to take over the case.

As the legal and political drama unfolds, all eyes are on the Chief Judge’s next move regarding the reassignment of the case, which could have far-reaching implications for the balance of power between the judiciary and the legislature in Nigeria.