Justice Obiora Egwuatu of the Federal High Court in Abuja, assigned to hear a suit filed by the suspended lawmaker representing Kogi Central Senatorial District, Natasha Akpoti-Uduaghan, on Tuesday, recused himself from the case.
The trial judge based his decision on a petition the Senate President, Godswill Akpabio, wrote challenging his objectivity in the matter.
Though the suit was originally fixed for hearing, when the matter was called up by the court’s clerk, Justice Egwuatu announced his decision in a short ruling.
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According to him, the case file would be returned to the Chief Judge for reassignment to another judge.
Recall that Justice Egwuatu had, on March 4, issued an interim order stopping the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with the disciplinary action against Senator Akpoti-Uduaghan over allegations that she flouted the rules of the legislative house.
The judge held that the disciplinary process should be placed on hold pending the determination of the suit brought before him by the embattled female lawmaker.
Justice Egwuatu also gave the defendants 72 hours to show cause why the court should not issue an order of interlocutory injunction to stop them from probing the plaintiff for alleged misconduct without affording her the privileges stipulated in the 1999 Constitution (as amended), the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act.
The judge granted permission for the plaintiff to serve the Originating Summons and all accompanying processes on the defendants through substituted means.
He ruled that service could be effected by handing the processes to the Clerk of the National Assembly or by pasting them on the premises of the National Assembly and publishing the same in two national dailies.
The interim orders followed an ex-parte application and an affidavit of urgency brought before the court by the lawmaker.
However, despite the court’s orders, the Senate Committee proceeded with its sitting and imposed a six-month suspension on the plaintiff.
Following an application by the defendants, Justice Egwuatu subsequently amended the interim order he had issued in favor of the plaintiff, vacating the aspect that barred the Senate from undertaking any activity while the suit was pending.
The Senate President, through his team of lawyers led by Kehinde Ogunwumiju, SAN, questioned the court’s authority to interfere in the affairs of the Senate.
