- As judge recuses self from her suit after Akpabio’s petition
The suspended Kogi Central’s representative at Nigeria’s Senate, Senator Natasha Akpoti-Uduaghan, has formally lodged a petition with the Legal Practitioners Disciplinary Committee, seeking the disbarment of Senator Nedamwen Bernards Imasuen from the Nigerian Bar.
This is even as a judge of the Federal High Court in Abuja on Tuesday recused himself from hearing a suit filed her suspension by the Senate.
Justice Obiora Egwuatu’s decision followed a petition from Senate President Godswill Akpabio, who questioned his impartiality in the case.
The case was originally scheduled for a hearing, but when the court clerk called it, Hie Lordship announced his withdrawal.
Senato Natasha’s petition against Imasuen highlighted allegations of professional misconduct, claims that Senator Imasuen was previously disbarred from the New York Bar for fraud, misappropriation of client funds, and failure to respond to disciplinary authorities.
According to the petition, Senator Imasuen was permanently disbarred by the New York Supreme Court, Appellate Division, Second Department, on May 10, 2010, following a complaint by Daphne Slyfield, a client who accused him of misappropriating legal fees.
The court found him guilty of multiple breaches of professional conduct, leading to the revocation of his legal license in the United States.
Senator Akpoti-Uduaghan alleged that, despite his disbarment, Senator Imasuen relocated to Nigeria and continued presenting himself as a legal practitioner while venturing into politics.
He was eventually elected as the Senator representing Edo South Senatorial District and appointed Chairman of the Senate Committee on Ethics, Privileges, and Public Petitions, a role requiring unimpeachable integrity.
The petition further stated that Senator Imasuen failed to disclose his disbarment in his FORM EC-9 – Particulars of Personal Information submitted to the Independent National Electoral Commission (INEC) before contesting for public office.
According to Sahara Reporters, the legal action comes in the wake of Senator Akpoti-Uduaghan’s six-month suspension from the Senate, which she claims was orchestrated by Senator Imasuen in defiance of a court order.
On March 4, 2025, the Federal High Court in Abuja, presided over by Justice Obiora Atuegwu Egwatu, issued an interim order restraining the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with an investigation against her regarding alleged misconduct during a Senate plenary session on February 20, 2025.
Despite being served the court order on March 5, 2025, Senator Imasuen and his committee proceeded with the investigation, leading to her suspension on March 6, 2025.
In her petition, Senator Akpoti-Uduaghan described Senator Imasuen’s actions as contempt of court, citing Rule 31 of the Rules of Professional Conduct for Legal Practitioners (2023), which mandates that lawyers must always treat the court with respect, dignity, and honour.
She further accused him of procedural bias, stating that he dismissed her petition alleging sexual harassment against Senate President Godswill Akpabio on procedural grounds, while actively pursuing disciplinary action against her.
Senator Akpoti-Uduaghan argued that Senator Imasuen’s defiance of a subsisting court order and his unethical conduct violate Rule 1 of the Rules of Professional Conduct (2023), which mandates lawyers to uphold the rule of law and maintain high professional standards.
She contended that under Rule 74(1) of the RPC, 2023, Senator Imasuen’s actions constitute professional misconduct, warranting his removal from the Roll of Barristers and Solicitors of the Supreme Court of Nigeria.
As the Legal Practitioners Disciplinary Committee commences its review of the petition, the case is expected to spark significant legal and political debate, particularly regarding the ethical obligations of public officials who are also members of the legal profession.
During hearing at the Federal High Court on Tuesday, Justice Egwuatu said that the case file would be returned to the Chief Judge for reassignment to another judge.
The development puts another spanner in the works of Senator Akpoti-Uduaghan’s suit, which she hoped would be promptly resolved to possibly cut short the six months suspension imposed on her by the Senate.
It is the latest in the series of drawbacks the suit has suffered in within a week, including the judge’s 19 March ruling reversing his earlier 4 March order halting the Senate’s diaciplinary process against her.
The suit also faces the prospect of an indefinite adjournment even if it is promptly resigned to another judge, with the Court of Appeal set to hear Senator Akpabio’s application for stay of proceedings of the Federal High Court regarding the suspended senator’s case.
Background
Justice Egwuatu had previously issued an interim order on 4 March, halting the Senate Committee on Ethics, Privileges, and Public Petitions from proceeding with disciplinary action against Mrs Akpoti-Uduaghan for allegedly violating Senate rules.
The judge gave the restraining injunction before the disciplinary process reached a decision.
The judge ordered the Senate committee to suspend the disciplinary process until the substantive suit was determined.
Furthermore, he gave the defendants 72 hours to show cause why an interlocutory injunction should not be granted to stop the Senate from probing Mrs Akpoti-Uduaghan without affording her due process, as outlined in the Nigerian Constitution, the Senate Standing Orders 2023, and the Legislative Houses (Powers and Privileges) Act.
Egwuatu also permitted substituted service of court processes on the defendants.
He ordered that court documents be delivered to the Clerk of the National Assembly, pasted within the National Assembly premises, and published in two national newspapers.
His 4 March rulings were based on an ex parte application and an affidavit of urgency filed by Mrs Akpoti-Uduaghan.
Akpabio’s appeal
Meanwhile, Senate President Akpabio has been challenging the legal proceedings.
PREMIUM TIMES earlier reported that Mr Akpabio filed an application at the Court of Appeal in Abuja on 20 March, seeking to halt the Federal High Court’s hearing of Mrs Akpoti-Uduaghan’s case.
He also sought permission to appeal an interlocutory ruling delivered by Mr Egwuatu on 10 March.
Mr Akpabio’s legal team, led by Kehinde Ogunwumiju, a Senior Advocate of Nigeria (SAN), argued that the lower court’s decision to hear all pending applications together contradicted established legal principles.
Sahara Reporters/Premium Times
