On March 19, 2025, the Federal High Court in Abuja, presided over by Justice Obiora Egwuatu, set aside Order 4 of its previous ex parte orders, effectively lifting the judicial restriction on the Senate’s constitutional functions. This decision follows the court’s earlier ruling on March 4, 2025, which restrained the Senate Committee on Ethics, Privileges, and Public Petitions from investigating Senator Natasha Akpoti-Uduaghan, representing Kogi Central Senatorial District.
The investigation was triggered by events during a Senate plenary session on February 20, 2025, where Senator Akpoti-Uduaghan had a heated exchange with Senate President, His Excellency Godswill Akpabio, GCON, over seat reallocation. Her actions during the session were deemed disorderly, leading to her referral to the Senate Committee on Ethics, Privileges, and Public Petitions for alleged misconduct.
Rather than appear before the committee to defend herself, Senator Akpoti-Uduaghan sought judicial intervention to halt the probe. Despite the court’s initial ex parte order, the Senate proceeded with its investigations, concluding the process and presenting its report on the Senate floor on March 6, 2025. Based on the committee’s findings, the Senate collectively voted to suspend Senator Akpoti-Uduaghan.
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In response, the second respondent filed an application challenging the ex parte order, arguing that it had effectively determined the substantive issue prematurely. Upon reviewing the arguments, Justice Egwuatu ruled on March 19, 2025, to set aside the contentious order, reaffirming the Senate’s legislative authority.
The case has been adjourned to March 25, 2025, for the hearing of all pending preliminary objections, applications, and the plaintiff’s request for a mandatory injunction.
This legal battle highlights the persistent friction between the judiciary and the legislature regarding their respective powers and reinforces the ongoing debate on the principle of separation of powers in Nigeria’s democracy.