Justice Obiora Egwuatu of the Federal High Court in Abuja has recused himself from a case involving suspended Senator Natasha Akpoti-Uduaghan following a challenge to his impartiality by Senate President Godswill Akpabio.
On Tuesday, Justice Egwuatu, who had been originally assigned to hear the case, declared his intention to withdraw himself. After Akpabio’s legal team filed a petition challenging the judge’s impartiality in the case, the statement was made.
During the scheduled hearing, the court clerk called up the case, but Justice Egwuatu declared his intention to step down. He stated that he would return the case file to the Chief Judge for reassignment to another judge.
The case stems from an interim order issued by Justice Egwuatu on March 4, which halted the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with disciplinary actions against Akpoti-Uduaghan. The senator had been accused of breaching Senate rules.
Justice Egwuatu had ruled that the disciplinary process should remain suspended until the court reached a final decision on the matter. He further directed the defendants to explain within 72 hours why the Senate should not be barred from investigating the senator without adhering to the provisions of the 1999 Constitution, the Senate Standing Order 2023, and the Legislative Houses (Powers and Privileges) Act.
The court also permitted Akpoti-Uduaghan to serve legal documents on the defendants through substituted means. These included delivering the documents to the Clerk of the National Assembly, posting them at the National Assembly premises, or publishing them in two national newspapers.
Despite the court order, the Senate Committee proceeded with its disciplinary hearing and suspended Akpoti-Uduaghan for six months.
Following an application from the defendants, Justice Egwuatu later amended his initial order, removing the clause that barred the Senate from taking further action while the case was still pending.
The legal team of Akpabio, headed by Kehinde Ogunwumiju, had maintained that the court was not authorised to meddle in the Senate’s internal matters.
