Justice Ayo Emmanuel of the Jos Federal High Court on Friday refused to disqualify himself in an alleged N400 million fraud case.
The judge announced the decision in his ruling on an application filed before him by a defence counsel.
The counsel, Mr. Uche Mgbemena, had in a motion raised on Thursday, asked Justice Emmanuel, who is hearing the alleged fraud case, to disqualify himself and the EFCC’s prosecution, Mr Cosmas Ugwu.
READ ALSO : Nigeria better if restructured into regions – Anyaoku
Mgbemena represents Mr. Ibrahim Suleiman, who has been standing trial since 2007 for alleged involvement in hacking into the system of the defunct First Inland Bank plc.
He is being accused of transferring and distributing the amount into his private account and different others without the knowledge of the bank.
But Justice Emmanuel, in his ruling, described the allegations or bias and having an “unholy relationship’’ with the prosecution counsel, levelled against him by the accused as “mere speculations”.
“The allegation of bias is a serious matter more so when labeled on a judge of my person; such allegation must be supported by clear evidences and not mere speculations as deduced by the defence counsel.
“It’s not good for the defence counsel to be suspicious of every move of the presiding judge; more so in all the proceedings in this case, there was nowhere in which the issue of bias could be said to have surfaced.
“Such allegation raised without any concrete evidence is not acceptable, ’’ the judge declared.
READ ALSO : Exposed: How Senior Advocates of Nigeria Paid Millions Into Account of Judge Accused of Corruption
Commenting on the call to disqualify the prosecution counsel, the judged said “there is nowhere in law, where it is said a lawyer who deposed to a counter affidavit should be disqualified from the case his is handling”.
On his (judge) alleged “unholy relationship’’ with the prosecution counsel, Emmanuel asked “when has the corridor leading to the chamber of a judge has become a place for litigants to loiter about and for a lawyer to be seen with him?’’
He further asked, “What will a judge be discussing with a lawyer in his chamber for more than an hour?’’
The judge described the allegation as “scandalous and scrupulous’’.
According to him, it’s expedient upon the defence counsel and his client to fear God and speak the truth in the temple of justice and not to raise frivolous allegations against his person and the prosecutor.
“It’s not in my character or practice to allow any lawyer into my chamber nor converse with them outside the court room.
“Consequently, I will return a negative answer to the application and therefore it’s hereby refused and dismissed for lack of merit,’’ the judge declared.
READ ALSO : Tagbo's Family Issues Official Statement on His Death as Davido's CCTV Video Make Rounds Online
Mgbemena had, in a motion filed before the court on Thursday, accused the judge of bias and having an “unholy and unethical relationship’’ with the prosecution counsel.
“My Lord, we hereby depose that your lordship’s biased comments against our client and your unethical relationship with the prosecution counsel has made the accused uncomfortable and afraid of obtaining a fair trial.
“My client, together with his brother in-law, after our last sitting, saw the prosecution counsel entering into your chamber and stayed for over an hour before coming out.
“I hereby urge your Lordship to recuse himself from the case and also disqualify the prosecution counsel for having personally deposed to a counter affidavit dated Sept. 8, 2017 in response to the defendant’s application, ’’ the defence counsel urged the court.
But Ugwu, the prosecutor, challenged the application, which he described as “very outrageous and contrary to the law’’ which did not disqualify any counsel who deposed to an affidavit of a defendant.
However, the judge adjourned the case to Nov. 15, 16 and 17 for continuation of hearing.
READ ALSO : My govt not marginalising the Igbos, Buhari TO South East leaders
Are you an artiste? Do you want your music to go viral and reach a large number of audience? Promote your music and Submit your story on Ujuayalogusblog.com by clicking here. For Advert Inquiries Tel/+44(0)7590363984 Subscribe to Ujuayalogusblog.com News!
ALL RIGHTS RESERVED. 2015-2017 @ Uju Ayalogu's Blog NIGERIAN NEWS
For More: Visit Us at Uju Ayalogu's Blog
No comments:
Post a Comment