The trial judge who was assigned to hear a suit that was filed by Akpoti-Uduaghan, the Senator representing Kogi Central, based his decision on a petition the Senate President, Sen. Akpabio, wrote to challenge his objectivity in the matter.
Though the suit was originally fixed for hearing, however, when the matter was called up by the court’s clerk, Justice Egwuatu, announced his decision in a short ruling he delivered.
He said the case-file would be returned back to the Chief Judge for a reassignment to another judge.
It would be recalled that Justice Egwuatu had on March 4, issued an interim order that stopped the Senate Committee on Ethics, Privileges and Public Petitions from going ahead with the disciplinary proceeding that was initiated against Senator Akpoti-Uduaghan over an allegation that she flouted rules of the legislative house.
He held that the disciplinary process should be placed on hold, pending the determination of the suit that was brought before him by the embattled female lawmaker.
More so, Justice Egwuatu gave defendants in the matter, 72 hours to show cause why it 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.
He granted permission for the plaintiff to serve the Originating Summons and all the accompanying processes on all the defendants, through substituted means.
It held that they should be served by handing the processes to the Clerk of the National Assembly or by pasting them on the premises of the National Assembly and publishing same in two national dailies.
The interim orders followed an ex-parte application and an affidavit of urgency that was brought before the court by the lawmaker.
However, despite the orders of the court, the Senate Committee held its sitting and slammed the plaintiff with a six months suspension.
Following an application by the defendants, Justice Egwuatu subsequently amended the interim order he issued in favour of the plaintiff, by vacating the aspect that barred the Senate from undertaking any activity within the pendency of the suit.
The Senate President had through his team of lawyers led by Mr. Kehinde Ogunwumiju, SAN, queried the powers of the court to meddle in the affairs of the Senate.
