JUSTICE Obiora Egwuatu of the Federal High Court in Abuja has withdrawn from a case involving suspended Senator Natasha Akpoti-Uduaghan after Senate President Godswill Akpabio petitioned against his impartiality.
The Explainer gathered that Justice Egwuatu, who had initially issued an interim order in the senator’s favour, announced on Tuesday that he would return the case file to the Chief Judge for reassignment.
The case had been scheduled for hearing, but when the court clerk called it up, Justice Egwuatu declared his decision in a brief ruling.
“I am recusing myself from this matter. The file will be returned to the Chief Judge for reassignment,” he stated.
The controversy began when Senator Akpoti-Uduaghan, who represents Kogi Central Senatorial District, was accused of violating Senate rules. On March 4, Justice Egwuatu issued an interim order halting the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with disciplinary action against her. The judge ruled that the process should not continue until the court resolved the matter.
The court also instructed the defendants—including the Senate leadership—to respond within 72 hours, explaining why the court should not issue an interlocutory injunction preventing them from investigating the senator without adhering to constitutional provisions. Specifically, Justice Egwuatu referenced the 1999 Constitution, the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act as the legal framework guiding the process.
Furthermore, the judge granted permission for legal documents to be served on the defendants through substituted means. He ruled that the documents could be delivered to the Clerk of the National Assembly, pasted within the National Assembly premises, or published in two national newspapers.
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Despite the court’s directive, the Senate Committee on Ethics, Privileges, and Public Petitions proceeded with its hearing and ultimately suspended Akpoti-Uduaghan for six months. The decision sparked legal and political debates over the limits of judicial intervention in legislative affairs.
Following a request by the defendants, Justice Egwuatu later amended his interim order. He removed the provision that barred the Senate from taking any action while the case was ongoing, a move that legal analysts say may have influenced Akpabio’s petition questioning the judge’s neutrality.
The legal team representing the Senate President, led by Senior Advocate of Nigeria (SAN) Kehinde Ogunwumiju, challenged the court’s authority to interfere in the Senate’s internal disciplinary process.
“The judiciary must respect the doctrine of separation of powers,” Ogunwumiju argued.
The legal team maintained that legislative matters should be handled within the framework of parliamentary procedures rather than through judicial intervention.
With Justice Egwuatu stepping down, the case is now in the hands of the Chief Judge of the Federal High Court, who will assign it to a new judge. The outcome could set a precedent on the judiciary’s role in legislative matters and the extent to which courts can intervene in parliamentary affairs.
