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By Lizzy Chirkpi
Senate President, Godswill Akpabio has withdrawn two motions he filed at the Court of Appeal in Abuja, effectively ending his bid to challenge a Federal High Court judgment that shielded Senator Natasha Akpoti-Uduaghan from disciplinary action by the Senate. The Court of Appeal has consequently struck out both motions.
The motions, dated March 20 and March 25, 2025, sought permission to appeal a March 10, 2025, ruling by Justice Obiora Egwuatu of the Federal High Court, Abuja. Justice Egwuatu’s decision in Suit No: FHC/ABJ/CS/384/2025 (Senator Akpoti-Uduaghan v. Clerk of the National Assembly & 3 Others) had granted an injunction.
This injunction specifically restrained the Senate Committee on Ethics, Privileges, and Public Petitions from continuing its disciplinary proceedings against Senator Akpoti-Uduaghan. The ruling followed an ex parte application filed by her counsel.
Senator Akpoti-Uduaghan, who represents the Kogi Central Senatorial District, had been summoned by the Senate Committee after a disagreement with Senator Akpabio on February 20, 2025.
Her legal team had sought the court’s intervention, asking for an order to stop the Senate and its ethics committee from “proceeding with the purported investigation” against her. She also requested a declaration that “any action taken during the pendency of this suit is null, void, and of no effect whatsoever.”
Akpabio’s legal team filed applications to withdraw the two motions, leading to their being struck out by the Court of Appeal.
The presiding judge ruled that the defendants should come and show evidence within 72 hours, upon the service of the order, why an interlocutory injunction should not be issued against them.
Not satisfied with the decisions of the court, Senator Akpabio appealed against the order through his Counsel, Deborah D. Anyanwu.
The Appellant sought among others, “AN ORDER of this Honourable Court enlarging the time within which the Appellant/Applicant may seek leave to appeal against the decision of the Federal High Court, Abuja Judicial Division in Suit No: FHC/ABJ/CS/384/2025 between Senator Natasha Akpoti- Uduaghan v. Clerk of the National Assembly of the Federal Republic of Nigeria & 3 Ors. (Coram: Honourable Justice Obiora Atuegwu Egwuatu) delivered on 10th March 2025 on grounds of mixed law and fact as contained in the proposed Notice of Appeal attached as Exhibit B.
“AN ORDER of this Honourable Court granting leave to the Appellant/Applicant to appeal against the decision of the Federal High Court, Abuja Judicial Division in Suit No: FHC/ABJ/CS/384/2025 between Senator Natasha Akpoti-Uduaghan v. Clerk of the National Assembly of the Federal Republic of Nigeria & 3 Ors. (Coram: Honourable Justice Obiora Atuegwu Egwuatu) delivered on 10th March 2025.
“AN ORDER of this Honourable Court staying further proceedings in Suit No: FCH/ABJ/CS/384/2025 between Senator Natasha Akpoti- Uduaghan v. Clerk of the National Assembly of the Federal Republic of Nigeria & 3 Ors. (Coram:
Honourable Justice Obiora Atuegwu Egwuatu), pending the hearing and determination of the Appellant/Applicant’s appeal before this Honourable Court.”
The Court of Appeal struck out the identical motions, which sought to challenge a Federal High Court judgment. The decision came after Akpabio’s legal team filed an application to withdraw the motions.
In the decision delivered on May 21, 2025, the three-member panel of Justices, led by Justice Hamma A. Barka also ordered Senate President Akpabio to pay ₦100,000 in costs to the 1st Respondent, Senator Natasha Akpoti-Uduaghan.
The court’s enrolled order, signed by Deputy Chief Registrar Josephine J. Ekperobe, confirmed that the application to withdraw the motions was granted, and the motions were accordingly struck out. Additionally, the court directed that Appeal No: CA/ABJ/PRE/ROA/CV/395M/2025 be deleted from its records.
Justice Barka delivered the lead judgment, with Justices Adebukunola A. Banjoko and Okon E. Abang concurring.
The court decisions partly read: “This Court, Wednesday the 21st day of May, 2025, upon reading the Motion on Notice filed on the 20/3/2025 and 25/3/2025 together with the Affidavit in support deposed to by Toyo Jimmy.
“And after hearing, Deborah D. Anyanwu for the Appellant. Peter Erviwode with Daniel Akpoviroro, A. Ε. Imadegbelo and Y. M. Zakari for the 1st Respondent. Arnold Ubua for the 3rd Respondent.
“It is hereby ordered that: “Application seeking to withdraw the two Motions dated and filed on the 20/3/2025 and 25/3/2025 is granted and the same struck out.
“Cost of N100,000 awarded to the 1st Respondent. Appeal No: CA/ABJ/PRE/ROA/CV/395M/2025 to be deleted.”