By Kamsi Anayo, Awka
The Federal High Court in Abuja on Wednesday, set aside its order of March 4, declaring the suspension of Sen. Natasha Akpoti-Uduaghan by the Senate as null and void.
Justice Obiora Egwuatu, in a ruling, vacated the suit after listening to the arguments of counsel for the plaintiff and lawyers to the defendants in the suit.
Justice Egwuatu granted Natasha’s five reliefs 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 Natasha, moved the ex-parte motion marked: FHC/ABJ/CS/384/2025.
Natasha, who represents Kogi Central Senatorial District, had, in the motion ex-parte, sued clerk of the National Assembly 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, the Senate, in a motion on notice filed on March 17 by its lawyer, Chikaosolu Ojukwu, SAN, had sought an order setting aside Order Number Four in the enrolled ex-parte order made by Justice Egwuatu against the defendants in Natasha’s suit.
The Senate, through Ojukwu, urged the judge to vacate the order in the interest of fair hearing.
Citing Action 36(1) of the constitution, the lawyer argued that order number four was interlocutory in nature and ought not to have been granted by the court.
He argued that the said Order Number Four 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 also 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.”
According to him, the law prohibits the granting of a vague order by a court of law.
He said the order, which was made exparte, was made to last until the determination of the suit.
“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.
“That the said Order No. 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 said 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.
He said it would be in the interest of justice to grant their application.
“It is my submission that the court has made an interlocutory order. The court cannot make an order that will affect the other parties before the end of the case,” he said.
The lawyer alleged that the court was misled into granting that order among other orders made.
According to him, the order will offend Section 36(1) which talks about fair hearing.
He therefore urged the court to hold that the entire proceedings of March 4 upon which that breach occured was in nullity.
Lawyer to the clerk, Charles Yoila; Kehinde Ogunwumiju, SAN, who appeared for Akpabio and Umeh Kalu, SAN, who represented Imasuem, aligned themselves with Ojukwu’s argument.
