Justice Obiora Egwuatu of the Federal High Court in Abuja has recused himself from a lawsuit initiated by suspended Senator Natasha Akpoti-Uduaghan against Senate President Godswill Akpabio and others.

The case sought to prevent the Senate from investigating her over alleged misconduct.

During Tuesday’s proceedings, Justice Egwuatu cited allegations of bias raised by one of the defendants as the reason for his withdrawal.

At the hearing, after allowing the lawyers to identify themselves, he declared his decision to step away from the case due to concerns about impartiality.

In his ruling, the judge stated, “Justice is rooted in confidence in the court. Once a litigant expresses his belief 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.”

He further explained: “One of the defendants in this matter has expressed such belief in writing. In that circumstance, 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.”

The lawsuit, marked FHC/ABJ/CS/384/2025, lists as defendants the Clerk of the National Assembly, the Senate, Senate President Godswill Akpabio, and the Chairman of the Senate Committee on Ethics, Privileges, and Code of Conduct, Senator Neda Imasuem.

Earlier, on March 19, Justice Egwuatu vacated an order he had issued on March 4, which stated that any actions taken by the Senate and others while the lawsuit was ongoing would be considered “null, void, and of no effect whatsoever.”

The judge’s decision to vacate the order followed arguments presented by the Senate’s legal representatives, who contended that the order should be overturned.

Counsel for the Senate, Chikaosolu Ojukwu (SAN), argued that 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.”

He further stated that the order, in its given form, applied to “all actions of whatever nature, without any limitation, taken by both the plaintiff/respondent and the defendants.”

Ojukwu also asserted that issuing such an indefinite order contradicts legal principles. He noted that the directive, which was granted ex parte, was meant to remain in effect until the lawsuit was resolved.

Referencing the Nigerian Constitution, he argued: “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.”

He added: “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 further contended that enforcing the order would create a constitutional crisis, halting the Senate’s legislative functions.

“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 maintained.

According to Ojukwu, the court had been misled into issuing the order, and he urged it to declare the March 4 proceedings invalid due to the misrepresentation.

Other defence lawyers, including Charles Yoila (representing the Clerk of the National Assembly), Kehinde Ogunwumiju, SAN (representing the Senate President), and Umeh Kalu, SAN (representing Senator Imasuem), aligned with Ojukwu’s submissions.