Justice Obiora Egwuatu of the Federal High Court, Abuja has withdrawn from a suit filed by suspended Senator Natasha Akpoti-Uduaghan against the Senate President, Godswill Akpabio and others to stop her investigation by the Senate over alleged misconduct.
Justice Egwuatu, who announced his withdrawal during Tuesday’s proceedings, cited allegations of bias made against his court by one of the defendants.
At the mention of the case on Tuesday, the Judge, after allowing lawyers to parties to announce their names, said he would no longer continue to hear the case in view of the allegation of bias.
In a brief ruling, the judge said: “Justice is rooted in confidence in the court. Once a litigant expresses his believe that there is bias or likelihood of bias on the part of the judge, it will not be in the interest of justice for the judge to continue.
“One of the defendants in this matter has expressed such believe in writing.
“In that circumstances, the honourable thing for the court to do is to desist from the conduct of the matter. Accordingly, I recuse myself from this matter.
“The case file is accordingly forwarded to my lord, the chief judge for further directive,” Justice Egwuatu said.
Listed as defendants in the suit marked: FHC/ABJ/CS/384/2025 are the Clerk of the National Assembly, the Senate, the President of the Senate, Godswill Akpabio and the Chairman, Senate Committee on Ethics, Privileges and Code of Conduct, Senator Neda Imasuem.
Justice Egwuatu, on March 19, vacated an order he made on March 4 that any action taken by the Senate and others during the pendency of the suit would be “null, void and of no effect whatsoever.”
The Judge, in vacating the order while ruling on a motion filled by the Senate,agreed with lawyers to the defendants that the order ought to be vacated.
Lawyer to the Senate, Chikaosolu Ojukwu (SAN) had, while arguing the motion, contended that the said the order “was vague, ambiguous and lacking in specificity as it did not specify which of the parties it was targeted at or referring to and what actions it related to.
Ojukwu argued that the order, in the form in which it was granted, “refers to all actions of whatever nature, without any limitation, taken by both the plaintiff/ respondent and the defendants.”
He further argued that the law prohibits the granting of a vague order by a court of law, noting that the order, which was made exparte, was made to last until the determination of the suit.
Ojukwu added: “By Section 4 of the 1999 Constitution, the Senate of the Federal Republic of Nigeria is one of the Houses of the National Assembly established to make laws for the peace, order and good governance of the Federal Republic of Nigeria.
“The said order number 4 of 4th March, 2025 as granted, effectively restrains the Senate of the Federal Republic of Nigeria from conducting any of its legislative duties in accordance with its constitutional functions.”
Ojukwu argued that enforcing the said order, as granted, would result in a constitutional crisis and anarchy, as the entire legislative duties of the Senate would be made to grind to a halt.
“The order offends the doctrine of separation of powers as enshrined in Section 4 of the 1999 Constitution of the Federal Republic of Nigeria.
“This honourable court lacks the jurisdiction to restrain parliament from conducting its constitutional duties,” he said.
Ojukwu claimed that the court was misled into granting the said order and the court to hold that the entire proceedings of March 4 upon which that breach occured was in nullity.
Lawyers to the other defendants – Charles Yoila (for the Clerk), Kehinde Ogunwumiju, SAN (for the Senate President) and Umeh Kalu, SAN (for Imasuem) agreed with Ojukwu’s submissions.
