A judge of the Federal High Court in Abuja on Tuesday recused himself from hearing a suit filed by Kogi Central Senator Natasha Akpoti-Uduaghan to challenge his suspension by the Senate.
Obiora Egwuatu’s decision followed a petition from Senate President Godswill Akpabio, who questioned his impartiality in the case.
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The case was originally scheduled for a hearing, but when the court clerk called it, Mr Egwuatu announced his withdrawal.
He said that the case file would be returned to the Chief Judge for reassignment to another judge.
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The development puts another spanner in the works of Mrs Akpoti-Uduaghan’s suit, which she hoped would be promptly resolved to possibly cut short the six months suspension imposed on her by the Senate.
It is the latest in the series of drawbacks the suit has suffered in within a week, including the judge’s 19 March ruling reversing his earlier 4 March order halting the Senate’s diaciplinary process against her.
The suit also faces the prospect of an indefinite adjournment even if it is promptly resigned to another judge, with the Court of Appeal set to hear Mr Akpabio’s application for stay of proceedings of the Federal High Court regarding the suspended senator’s case.
Background
Mr Egwuatu had previously issued an interim order on 4 March, halting the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with disciplinary action against Mrs Akpoti-Uduaghan for allegedly violating Senate rules.
The judge gave the restraining injunction before the disciplinary process reached a a decision.
The judge ordered the Senate committee to suspend the disciplinary process until the substantive suit was determined.
Furthermore, he gave the defendants 72 hours to show cause why an interlocutory injunction should not be granted to stop the Senate from probing Mrs 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.
Mr Egwuatu also permitted substituted service of court processes on the defendants.
He 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.
His 4 March rulings were based on an ex parte application and an affidavit of urgency filed by Mrs Akpoti-Uduaghan.
Akpabio’s appeal
Meanwhile, Senate President Akpabio has been challenging the legal proceedings.
PREMIUM TIMES earlier reported that Mr Akpabio filed an application at the Court of Appeal in Abuja on 20 March, seeking to halt the Federal High Court’s hearing of Mrs Akpoti-Uduaghan’s case.
He also sought permission to appeal an interlocutory ruling delivered by Mr Egwuatu on 10 March.
Mr Akpabio’s 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.
Mr Akpabio also 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.
One of the key applications in contention was the Senate’s challenge to the 4 March interim injunction, which had stopped the disciplinary process against Mrs Akpoti-Uduaghan.
The suspended 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,” Mr Akpabio’s lawyer wrote in the application filed at the Court of Appeal on 20 March.
Setback for Akpoti-Uduaghan’s legal challenge
The Federal High Court, on 19 March, a day before Mr Akpabio’s Court of Appeal application, reversed one of its 4 March orders restraining the Senate from going ahead with its disciplinary process against Mrs Akpoti-Uduaghan.
The court agreed with the Senate’s argument that the order was vague and could interfere with legislative powers.
The court had originally scheduled 25 March (Today) for the hearing of all pending applications, but with Mr Akpabio’s appeal now before the appellate court, the Federal High Court had to postpone its proceedings.
This is especially so because the Court of Appeal has also fixed Tuesday for the hearing of Mr Akpabio’s application.
Senator’s legal battle
Mrs Akpoti-Uduaghan initiated the case after an altercation with Mr Akpabio during a 20 February Senate session, where she protested her seating arrangement.
The clash led to her referral to the Senate Committee on Ethics, which commenced disciplinary proceedings against her.
On 4 March, Mr Egwuatu granted her request for an interim injunction, suspending all disciplinary actions against her.
Despite the court order, the Senate suspended her on 6 March, citing misconduct.
In response, she filed a mandatory injunction and contempt proceedings against Senate officials for allegedly flouting the court order.
At a 10 March hearing, Mr Egwuatu ruled that all pending applications in the suit would be heard together.
Mr Akpabio’s legal team objected, arguing that this decision violated legal procedure.
On 17 March, the Senate’s lawyer, Chikaosolu Ojukwu, also SAN, formally challenged the 4 March interim order, arguing that it lacked clarity and infringed on legislative independence.
The Federal High Court, agreeing with this argument, vacated part of the order on 19 March.
Mr Akpabio’s 20 March appeal seeks an extension of time to apply for leave to challenge the 10 March ruling.
His legal team argues that the Federal High Court made an error by deciding to hear all pending applications together.
According to an affidavit filed by Mr Akpabio’s senior legislative aide, Toyo Jimmy, the Senate President could not file his appeal within the usual 14-day legal window because of this ruling.
His lawyers contend that allowing the Federal High Court to continue hearing the case while an appeal is pending could render the appellate ruling ineffective.
The Court of Appeal has now scheduled a hearing on Mr Akpabio’s application for Tuesday, the same day the Federal High Court was set to hear pending applications. If the Court of Appeal proceeds with the case, the lower court may have to defer its hearing.
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