SAN FRANCISCO, December 02, (THEWILL)
Following allegations of bias made against him by the defendant in a suit filed by a House of Representatives member, Hon. Abiodun Ishiaq Akinlade, seeking to sack Alhaji Aminu Tambuwal as Speaker of the House, the trial judge, Justice Evoh Chukwu of the Federal High Court in Abuja , Tuesday, excused himself from the suit.
The plaintiff is praying the court to order Tambuwal to vacate his seat following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) and as well order Tambuwal’s deputy, Hon. Emeka Ihedioha, to take over Tambuwal’s position as Speaker.
Announcing his withdrawal from the case when the matter came up in court on Tuesday, Justice Chukwu premised his decision on the petition written against him by Tambuwal.
It would be recalled that Tambuwal , in a petition to the National Judicial Council (NJC ) on November 30 challenging the assignment of the case to Justice Chukwu, had requested the judge to disqualify himself from sitting over the suit because of the likelihood of bias that could prevent him from getting justice.
Tambuwal had stated in the petition: “My attention has been drawn to the above suit, which has been assigned to Court 8, presided over by Justice E. S.J. Chukwu, and we wish to make the following observations:
“Sometime in 2013, the said presiding judge, Justice E.S.J. Chukwu presided over the case of Peoples Democratic Party and 12 ORS VS. INEC & 4 ORS, wherein he made a judicial pronouncement, which has been interpreted by some, to the effect that there was no division in Peoples Democratic Party.
“The above decision of Justice Chukwu was heavily relied upon and cited severally in the case of Peoples Democratic Party, House of Representatives; the speaker of the House of Representatives & 52 ORS, suit No. FHC/ ABJ/CS/4/2014.
“Consequently, Justice A.F.A Ademola, relying on the said judgement of his brother Justice Chukwu, even though the said suit before him had nothing to do with defection, ruled that there was no division within the Peoples Democratic Party.
“And as such, the defendants in that case, who are members of the House of Representatives, who have similar cases as mine, currently pending in the Federal High Court Abuja, were not protected by proviso to Section 68(1)(g) of the 1999 Constitution. He rested his decision on that earlier judgement of Justice Chukwu aforementioned.
“The said judgement of Justice A.F.A Ademola, is subject of four pending appeals at the Court of Appeal, Abuja Judicial Division.
“My Lord, similar suits were variously instituted by various parties and are pending before the Federal High Court No. 7, presided over by Justice A.R Mohammed and are at various stages of proceeding pending before Court 7, presided over by Justice A.R Mohammed.”
Arguing his case further, Tambuwal said he did not have confidence that Justice Chukwu would be able to dispense justice in the case as he had earlier “made a pronouncement on similar issues, in similar cases, decided by him, clearly shows that he has an iron cast judicial position or opinion in respect of suit no. FHC/ABJ/ CS/871/2014 concerning me sir which has just been assigned to him.”
Tambuwal therefore prayed the Chief Judge to re-assign the suit to “a neutral judge who has not made any judicial pronouncement on the issue or made public his own opinion on the issue at hand.”
