* As HURIWA calls for committee chair’s resignation over alleged disbarment in US
A Federal High Court in Abuja has fixed hearing for March 25 in the suit filed by Kogi Central Senator, Natasha Akpoti-Uduaghan, against investigation by the Senate Committee on Ethics, Privileges and Public Petitions.
The Senate last Thursday, suspended the Kogi Central Senator for alleged flagrant disobedience to Sections 6.1 and 6.2 of the Senate Standing Orders 2023 (As Amended), as well as alleged unparliamentary behaviour during plenaries and proceedings of the red chamber.
Before her suspension, Akpoti-Uduaghan had approached the court to intervene and stop her colleagues from proceeding with their planned disciplinary actions against her because of her altercation with the Senate President following the re-allocation of her seat to another senator.
While the suit was pending, she also filed an exparte application to stop the committee from taking any further action against her.
Consequently, Justice Obiora Egwuatu issued a restraining order on the Senate and asked the leadership to appear before him on March 10, to show cause why the restraining order should not be made permanent.
When the matter came up on Monday, lawyers to the first, second and third defendants told the court that they have not been served with the court documents.
But Akpoti-Uduaghan’s lawyer, Mr Michael Numa (SAN), informed the court that all parties had been served, adding that affidavits of service were before the court.
After going through the affidavits of service before court, Justice Egwatu confirmed service of all processes on all defendants.
Responding, Mr Kehinde Ogunwumiju (SAN), who represented the Senate President, prayed the court for an adjournment to enable parties harmonize all processes in the matter.
The request was supported by other lawyers, who noted that this would facilitate accelerated hearing at the next adjourned date.
In a short ruling, Justice Egwatu adjourned the matter to March 25, and ordered that all the relevant processes should be served on parties before the adjourned date.
The Deputy Chief Whip of the Senate, Peter Nwaebonyi, while speaking on the outcome of the proceeding, admitted that in legal proceeding service is very important, adding that it is only when parties are properly served that they will be able to study the matter and respond accordingly.
He admitted that it is strange for the court to interfere in the affairs of the Senate, noting that the Senate only answered the call of the court for being a responsible and law abiding institution.
The disciplinary committee of the red chamber had summoned Akpoti-Uduaghan to appear before it following a heated exchange of words with the Senate President Godswill Akpabio during the February 20 plenary.
Akpoti-Uduaghan had at the said plenary protested against the re-allocation of her seat to another senator, following the defection of some opposition senators to the ruling party.
Despite her protest against the new seat arrangement, she was overruled, leading to an altercation with the Senate President.
Consequently, the Senate referred the issue to the ethics committee for review.
Meanwhile, in the motion filed before the court, the Kogi Central Senator urged the court to declare any action taken during the pendency of her suit as, “null, void, and of no effect”.
Ruling in the motion Tuesday last week, Justice Egwuatu ordered the defendants to appear within 72 hours of being served to show cause why a full interlocutory injunction should not be issued against them.
In a related development, the Human Rights Writers Association of Nigeria (HURIWA) has called for the resignation of Senator Neda Imasuen, Chairman of the Senate Committee on Ethics, that recommended the suspension of Akpoti-Uduaghan.
HURIWA predicated its call on the grounds that Imasuen was stripped of his bar licence in New York, United States of America, over allegations of multimillion-dollar fraud and gross misconduct as reported in the media.
The group, in a statement, also called on the Independent Corrupt Practices and other related Offences Commission (ICPC ) to investigate the claim and take necessary actions.
The National Coordinator of the group, Comrade Emmanuel Onwubiko, who signed the statement, pointed out that the Senate of the Federal Republic of Nigeria owes Nigerians a clear explanation why the leadership appointed Imasuen to such a serious Committee on Ethics and Public Petitions without ascertaining his professional records.
“If this damaging accusation of fraud made against Senator Imasuen is confirmed to be credible, it would be logically and ethically impossible for a believable reason to be adduced by the Senate’s hierarchy on why someone with ethical baggage is saddled with the onerous function and power of enforcing ethical standards and heading a strategic panel charged with investigating public petitions.
“It is against natural law for such a serious error of judgment to have been committed by the Senate President. If it is true, the Senate President should tender a public apology to Nigerians,” he said.
HURIWA recalled that an online publication alleged that Imasuen was disbarred for life after he swindled his client, absconding with representation fees without making an appearance for her in court.
HURIWA quoted the publication as saying that Imasuen also refused to comply with the disciplinary panel’s attempt to investigate his misconduct.
Citing the online publication further, Onwubiko stated that one Daphne Shyfield hired Imasuen to represent her on a matter in 2009 and paid him tens of millions of dollars for legal fees.
“It was alleged in the newspaper report that instead of appearing for Shyfield, Mr Imasuen allegedly absconded with the money, a move that triggered a morass of petitions, given that his actions contravened existing New York bar code and rules.
“Despite being served with petitions on multiple occasions in the US, Imasuen failed to respond to any of the petitions and did not ask for an extension of time to file a response,” the statement read in part.
HURIWA therefore urged the relevant investigative agency such as the ICPC to probe the report that Imasuen was banned from practising Law in New York over alleged case of fraud.
“We are also calling on the Senate President, Mr Godswill Akpabio, to relieve Mr Imasuen of his appointment or suspend him from that position of heading the Ethics and Public Petitions committee until a clearer information emerges based on the investigation of ICPC or available response from Freedom of Information request. We urge Nigerian lawyers practising in New York to officially obtain a detailed report from the New York bar on the allegation that Imasuen was disbarred from law practice in New York and under which circumstances. The findings should be published widely for Nigerians to read and ascertain if this serious allegation against Senator Imasuen is true or false,” the statement added.
THISDAY
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