Akpoti-Uduaghan’s Recall Not in Line With Constitutional Requirements, INEC Asserts

•Judge withdraws from suit against Senate 

•Red chamber throws out fresh sexual harassment petition against Akpabio •Petitioner accuses panel of bias as Ezekwesili, Nwebonyi clash during proceeding

Adedayo Akinwale, Sunday Aborisade and Alex Enumah in Abuja

The  Independent National Electoral Commission (INEC),has said the petition for the recall of the Senator representing Kogi Central Senatorial District, Natasha Akpoti-Uduaghan, was not in compliance with  legal framework.

This was as Justice Obiora Egwuatu of the Federal High Court Abuja, has recused himself from the case filed by Akpoti-Uduaghan against the Senate.

Also, yesterday, the Senate Committee on Ethics, Privileges, and Public Petitions led by Senator Neda Imasuen, has refused to hear a new petition on sexual harassment, levelled against President of the Senate, Godswill Akpabio

INEC National Commissioner & Chairman, Information and Voter Education Committee, Sam Olumekun, in a statement issued said the electoral body discussed the petition for the recall of the embattled senator.

He explained that the process of recall was enshrined in the 1999 Constitution, the Electoral Act 2022 as well as the Commission’s detailed Regulations and Guidelines for Recall 2024, and also available on its website.

Olumekun stressed that all petitions would be treated in strict compliance with the legal framework.

“The petition from Kogi Central Senatorial District was accompanied by six bags of documents said to be signatures collected from over half of the 474,554 registered voters spread across 902 Polling Units in 57 Registration Areas (Wards) in the five Local Government Areas of Adavi, Ajaokuta, Ogori/Magongo, Okehi and Okene.

“The Commission’s immediate observation is that the representatives of the petitioners did not provide their contact address, telephone number(s) and e-mail address(es) in the covering letter forwarding the petition through which they can be contacted as provided in Clause 1(f) of our Regulations and Guidelines.

“The address given is ‘Okene, Kogi State’, which is not a definite location for contacting the petitioners. Only the telephone number of ‘the lead petitioner’ is provided as against the numbers of all the other representatives of the petitioners.”

The Commission reiterated that the recall of a legislator is the prerogative of registered voters in a constituency, who sign a petition indicating loss of confidence in the legislator representing them.

He added: “Once the petition meets the requirements of submission, as contained in our regulations, the Commission shall commence the verification of the signatures in each Polling Unit in an open process restricted to registered voters that signed the petition only.

“The petitioners and the member whose recall is sought shall be at liberty to nominate agents to observe the verification, while interested observers and the media will also be accredited.

“At each Polling Unit, signatories to the petition shall be verified using the Bimodal Voter Accreditation System (BVAS).

“Consequently, if the petitioners fully comply with the requirements of Clause 1(f) of the Regulations and Guidelines regarding the submission of their petition, the Commission will announce the next steps in line with the extant laws, regulations and guidelines.

“In the absence of a definite contact address, the Commission is making efforts to use other means to notify the representatives of the petitioners of the situation.

“The Commission reassures the public that it will be guided by the legal framework for recall. The public should therefore discountenance any speculations and insinuations in the  social media.”

 Judge Withdraws from Akpoti-Uduaghan’s Suit

Justice Obiora Egwuatu of the Federal High Court Abuja, has recused himself from the case filed by the Senator representing Kogi Central Senatorial District, Natasha Akpoti-Uduaghan against the Senate.

Justice Egwuatu said his decision was based on allegations of bias levelled against him by the Senate President, Godswill Akpabio, who was the 3rd defendant in the suit.

Akpoti-Uduaghan had dragged the Clerk of the National Assembly, the Senate, President of the Senate, Godswill Akpabio and Chairman, Senate Committee on Ethics, Privileges and Code of Conduct, Neda Imasuem to the Federal High Court in a bid to stop the ethics committee from investigating and disciplining her over alleged act of misconduct.

Akpabio had on February 25, referred her to the ethics committee for investigation on alleged misconduct which occurred on the floor of the Senate on February 20, following the re-allocation of seat at the upper chamber of the legislature.

Pending the hearing of the suit, she had on March 4, filed a motion ex-parte, asking the court to restrain the defendants from proceeding with the purported investigation against her.

While Justice Egwuatu granted the application on March 4, the Senate however suspended Akpoti-Uduaghan for six months, the following day, March 5.

Although she had filed a contempt charge against Akpabio and the other respondents, for proceeding with the investigation in disobedience of the order of Justice Egwuatu, the court however vacated the exparte order on March 19, following an application by the defendants and adjourned till March 25, for hearing.

When the matter came up yesterday, the trial judge after taking the appearances of lawyers in the matter announced his decision to withdraw from the case.

The Senate President was said to have expressed lack of confidence in the ability of the court to do justice on the matter.

The judge added that the case file would be returned to the Chief Judge of the Federal High Court, Justice John Tsoho, for reassignment to another Judge.

Senate Throws Out Fresh Sexual Harassment Petition against Akpabio

The Senate Committee on Ethics, Privileges, and Public Petitions led by Senator Neda Imasuen, yesterday, refused to hear a fresh petition on sexual harassment levelled against President of the Senate, Godswill Akpabio

The petition was written by Mr Zubairu Yakubu, from Kogi Central Senatorial District

Yakubu appeared before the Committee in company with a former Minister of Education, Dr. Oby Ezekwesili, who appeared as a witness and his lawyer, Abiola Akiyode.

The Committee ruled that it could not sit on the petition in view of a pending case filed against Senator Natasha Akpoti-Uduaghan by Unoma Akpabio, wife of the President of the Senate.

Senator Imasuen, who cited the Senate rules,  noted that the practice of the Red Chamber was to reject petition on any matter pending before the Court.

Meanwhile, shortly before the panel adjourned indefinitely, Ezekwesili and Senator Peter Onyeka Nwebonyi were engaged in war of words.

Nwebonyi, a member of the panel, representing Ebonyi North Central, had described the former Minister in derogatory terms.

The verbal war started when Ekwesili accused the panel of bias and Nwebonyi queried her for using the word.

Ezekwesili asked the senator to shut up and he flared up demanding to know why she should be talking to a senator like that.

During the altercation, Nwebonyi told Ezekwesili, “Why should you talk to a Senator like that? You can never be a senator. You are an insult to womanhood.”

Ezekwesili remained calm as the Senator heaped abusive words on her.

Speaking with journalists after the Senate Committee adjourned, indefinitely, Ezekwesili accused the Senate of violating the Nigerian Constitution.

She maintained that the Senate Rule cited was not superior to the Constitution.

“The Nigerian Senate keeps telling citizens they are subject to Senate rules, even when those rules violate the Constitution. This is unacceptable in a democracy.”

She  further argued that the embattled Kogi Central lawmaker was denied fair hearing in clear breach of provisions of the Constitution.

“The Senate placed its own rules above the laws of the land. Now, with this petitioner, they have done the same thing—using procedural loopholes to avoid addressing critical issues.”

The former Education Minister insisted that the Senate Committee has shown bias and called for an independent panel to review Senate Natasha Akpoti-Uduaghan’s petition.

Yakubu, too, expressed disappointment over the objection by the Committee to his request that the Kogi Central senator who has been axed for six months by the Senate be allowed to testify before the panel as principal witness.

He noted that Akpoti-Uduaghan was in custody of  crucial documentary evidence to support her  claims, but she was barred from entering the National Assembly to testify.

He said, “In my petition, I clearly stated that my witness would present her evidence personally. But she was not allowed into the premises. If my key witness is denied access, how can I proceed with my case?”

Legal adviser to the petitioner, Dr. Abiola Akinyode equally, raised concerns about inconsistencies in the Senate’s handling of petitions.

“There is nothing in Yakubu’s petition that was not in Senator Akpoti-Uduaghan’s original petition. If the Senate dismissed her petition as ‘dead on arrival,’ then logically, Yakubu’s should also be dismissed.

“The Senate seems to be operating under its own rules, separate from the Constitution. That is why they can suspend a senator for six months without following due process.”