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Home Judiciary & Law

Suspension: Court Delivers Judgment In Akpoti-Uduaghan’s Suit June 27

Thecabal by Thecabal
May 13, 2025
in Judiciary & Law
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Suspension: Court Delivers Judgment In Akpoti-Uduaghan’s Suit June 27
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The Federal High Court in Abuja will, on June 27, deliver judgment in a suit filed by Sen. Natasha Akpoti-Uduaghan, against Senate President, Godswill Akpabio, and co-defendants over her alleged unlawful suspension from the senate.
Justice Binta Nyako, who adjourned the matter for judgment on Tuesday, held that issues of contempt claim by Akpabio against Akpoti-Uduaghan and vice versa, would also be decided.
Justice Nyako would equally deliver judgment on the preliminary objection filed by all the defendants in the suit, including the senate president, challenging the jurisdiction of the court to hear the case.
Justice Nyako made this known after Michael Numa, SAN, who appeared for Akpoti-Uduaghan, and Kehinde Ogunwumiju, SAN, who represented Akpabio, and lawyers to other defendants, identified and adopted their processes in the suit.
“I want to believe that all processes are in.
“What I am going to do is to first of all look at the issues of contempt and take a decision on it.
“Then I will look at the notices of preliminary objection filed by the defendants.
“If they succeed, that is the end of the case and if they don’t, I will look at the originating summons filed by the plaintiff,” the judge said.
The News Agency of Nigeria (NAN) reports that the former presiding judge, Justice Obiora Egwuatu had, on March 25, recused himself from the suit filed by the suspended senator who represents Kogi Central Senatorial District.
Justice Egwuatu withdrew from the suit following allegations of bias by Akpabio and the case was re-assigned to Justice Nyako.
The lawmaker’s suit had sought to stop the Senate Committee on Ethics, Privileges and Public Petitions from going ahead with the disciplinary proceedings over alleged misconduct against her.
Justice Egwuatu had granted Akpoti-Uduaghan’s five reliefs in the ex-parte motion on March 4, including Order Number Four which declared any action taken by the defendants during the pendency of the suit as null, void and of no effect whatsoever.
The judge granted the five prayers after Sanusi Musa, SAN, who appeared for Akpoti-Uduaghan , moved the ex-parte motion marked: FHC/ABJ/CS/384/2025.
Akpoti-Uduaghan had, in the motion ex-parte, sued clerk of the National Assembly (NASS) and the Senate as 1st and 2nd defendants.
She also named the President of the Senate, Federal Republic of Nigeria, and Sen. Neda Imasuem, who is the Chairman, Senate Committee on Ethics, Privileges and Code of Conduct as 3rd and 4th defendants respectively.
The senator had sought an order of interim injunction restraining the Senate’s committee headed by Imasuem from proceeding with the purported investigation against her for alleged misconduct sequel to the events that occurred at the plenary on Feb. 20, pursuant to the referral by the Senate on Feb. 25, pending the hearing and determination of the motion on notice for interlocutory injunction, among others.
However on March 5, the Senate suspended Akpoti-Uduaghan for six months following the committee’s report on her alleged gross misconduct, while the suit is still pending.
But Justice Egwuatu, on March 19, set aside order number four which he granted on March 4, declaring the suspension of Sen. Akpoti-Uduaghan by the Senate as null and void.
The judge vacated the order following a motion on notice filed by the Senate seeking for the order setting aside the order number four which declared any action taken by the defendants during the pendency of the suit as null, void and of no effect whatsoever.
Justice Nyako had, on April 4, restrained all parties in the suit from granting media interviews or engage in social media post In respect of the subject matter before the court.
The development followed a complaint by Akpabio’s lawyer, Mr Ogunwumiju, that Akpoti-Uduaghan had allegedly been going from one media station to another, granting press interviews on issues relating to the suit
However, Akpabio, had filed a motion on May 5, accusing the embattled senator of flouting the court order by posting a “satirical letter of apology” on her Facebook page on April 27.
The Senate president, in the affidavit of facts, sought an order of court, directing the suspended senator to delete the viral satirical letter from her Facebook page and also tender an apology to the court for violating its order.
Akpoti-Uduaghan, in a counter affidavit field by her lawyer, accused Akpabio of attempting to curb her right to free speech.
She maintained that her recent satirical letter to the Senate president was never in breach of the court order.
The suspended senator pointed out that while the content of her viral letter centred around her sexual harassment allegations against Akpabio, the matter before the court was her alleged unlawful suspension from the Senate.
She argued that it was Akpabio, who through his legal representatives; Chief Olisa Agbakoba, SAN, and Monday Ubani, SAN, that violated the orders of the court by speaking to the media.
On Monday, Ekwo-Ejembi Ekwo, SAN, who appeared for Akpabio, prayed the court to take their alleged contempt claim.
Against Ekwo’s application, Numa informed the court that they equally had a contempt motion which was filed earlier.
It would be recalled that Akpoti-Uduaghan had filed a contempt charge against the defendants for suspending her in contravention with the order given by the former presiding judge, Justice Egwuatu, restraining all the defendants from taking any action pending the hearing and determination of the matter.
Numa said the contempt allegation was against all the defendants, including the Senate president.
Numa, however, appealed to the court to speedy proceedings in their suit bearing in mind that the six-month suspension would soon be ending.
But Justice Nyako, who held that issues of contempt would be decided first before the substantive suit, adjourned the case to Tuesday to hear all the applications.
The judge also requested for a copy of Senate rules and counsel to the NASS clerk, Charles Yoila, made a copy available to her.
When the matter was called on Monday, Justice Nyako said there was a new development to the case which was the issue of contempt claims by Akpoti-Uduaghan and Akpabio.
“We have a new happening that came up yesterday. One from Mr Daudu and one from the plaintiff.
“These two applications and the originating summons should be what should be focused on today,” she said.
The judge thereafter directed all parties to identify and adopt their processes.
Numa thanked the judge for prioritising the issues of contempt raised by the plaintiff and the defendants.
He said their application sought the court’s disciplinary action against all the defendants for their contemptuous act.
Numa, on behalf of the embattled senator, identified and adopted all their processes, urging the the court to grant their prayers seeking the disciplinary powers of the court against the defendants.
The lawyer also prayed the court to overrule and dismiss the defendants’ preliminary objection and accede to their reliefs In their originating motion.
Yoila, who appeared for the clerk, Paul Daudu, SAN, who represented the Senate; Ogunwumiju who was counsel to Akpabio, and Valentine who appeared for Imasuem, also identified and adopted their processes, including the preliminary objection.
They prayed the court to look at the set of facts showing clearly the alleged disobedience to court order by the plaintiff.
They urged the court to hold that it lacked jurisdiction to entertain the suit and to dismiss the suit in its entirety.
NAN reports that the suspended senator was also in court to watch proceedings.(NAN)

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