Judge withdraws from Senator Akpoti-Uduaghan’s suit after Akpabio’s petition

A judge of the Federal High Court in Abuja Justice Obiora Egwuatu’s on Tuesday recused himself from hearing a suit filed by Kogi Central Senator Natasha Akpoti-Uduaghan to challenge his suspension by the Senate.

Penpushing reports that the judge withdrawal followed a petition from Senate President Godswill Akpabio, who questioned his impartiality in the case which was originally scheduled for a hearing.

The withdrawal puts another spanner in the works of the senator’s suit, which she hoped would be promptly resolved to possibly cut short the six months suspension on her imposed by the Senate.

Penpushing further reports that when the court clerk called it, the judge announced his withdrawal, adding that the case file would be returned to the Chief Judge for reassignment to another judge.

The judge had previously issued an interim order on March 4,2025, halting the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with disciplinary action against Akpoti-Uduaghan for allegedly violating Senate rules.

Penpushing also reports that the suit equally faces the prospect of an indefinite adjournment even if it is promptly resigned to another judge, with the Court of Appeal set to hear Akpabio’s application for stay of proceedings of the Federal High Court regarding the suspended senator’s case.

The judge gave the restraining injunction before the disciplinary process reached a decision and ordered the Senate committee to suspend the disciplinary process until the substantive suit was determined.

Penpushing reports that he further gave the defendants 72 hours to show cause why an interlocutory injunction should not be granted to stop the Senate from probing Akpoti-Uduaghan without affording her due process, as outlined in the Nigerian Constitution, the Senate Standing Orders 2023, and the Legislative Houses (Powers and Privileges) Act.

The judge in same vein permitted substituted service of court processes on the defendants and ordered that court documents be delivered to the Clerk of the National Assembly, pasted within the National Assembly premises, and published in two national newspapers.

Penpushing further reports that the judge March 4, 2025 rulings were based on an ex parte application and an affidavit of urgency filed by  Akpoti-Uduaghan, while it is the latest in the series of drawbacks the suit has suffered in within a week, including the judge’s March 18, 2025 ruling reversing his earlier March 4, 2025 order halting the Senate’s disciplinary process against the female senator.

The Senate President has been challenging the legal proceedings and filed an application at the Court of Appeal in Abuja on March 20, 2025, seeking to halt the Federal High Court’s hearing of Akpoti-Uduaghan’s case.

Penpushing also reports that Akpabio also sought permission to appeal an interlocutory ruling delivered by the judge on March 10, 2025, while his legal team, led by Kehinde Ogunwumiju, a Senior Advocate of Nigeria (SAN), argued that the lower court’s decision to hear all pending applications together contradicted established legal principles.

The Senate President in the same vein, filed an application for a stay of proceedings before the Federal High Court on the same day, asking it to suspend the hearing of the case pending the appeal.

Penpushing reports one of the key applications in contention was the Senate’s challenge to the March 4, 2025 interim injunction, which had stopped the disciplinary process against Akpoti-Uduaghan.

The suspended female senator had also filed applications for a mandatory injunction and contempt proceedings against Senate officials, accusing them of violating the court’s order.

‘There is a need for this honourable court to stay proceedings of the lower court pending the hearing and determination of the appellant/applicant’s appeal, to prevent the judgement of this honourable court nugatory’, Akpabio’s lawyer stated.

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