Second Judge Withdraws From Okorocha’s Certificate Of Return Suit

Published 2 months ago by: kaygee
at 12:23 PM, 23/04/2019 (2 months ago)

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The second judge has withdrawn from a suit filed by the Imo State Governor, Rochas Okorocha, seeking an order compelling the Independent National Electoral Commission to issue him a certificate of return as the senator-elect for Imo West. The development came barely a week after the first judge, Justice Taiwo Taiwo, of the Federal High Court in Abuja, withdrew from the case.

The PUNCH gathered on Monday that after Justice Taiwo withdrew from the case on April 10, it was reassigned to Justice Okon Abang also of the Federal High Court in Abuja. Justice Abang was said to have on April 11 fixed April 18 for hearing in the suit.

But on the date fixed for the hearing, Justice Abang announced his decision to withdraw from the suit. His decision was anchored on Okorocha’s letter to the Chief Judge of the Federal High Court, Justice Adamu Abdu-Kafarati, asking for the transfer of the case to another judge.

The governor, in the letter, was said to have sought the transfer of the case to another judge because opponents in the case were jubiliating that Justice Abang would dismiss the case.

The judge, upon seeing the letter in the file, immediately informed parties of his withdrawal from the suit.

Justice Taiwo had earlier withdrawn from the suit following allegations of bias levelled against him by two parties to the suit. INEC had refused to certificate of return to Okorocha on the basis that the Returning Officer for the February 23 election, Prof Francis Ibeawuchi, said he declared the outgoing governor winner of the senatorial election under duress.

Okorocha had subsequently filed the suit, challenging INEC’s decision to withhold the certificate of return due to him as the winner of the election.

But Justice Taiwo, who had been presiding over the matter, announced his decision to withdraw from the case and ordered that the case file be returned to Justice Abdul-Kafarati, for reassignment to another judge.

The judge said he took the decision following allegations of bias levelled against him by Okorocha’s opponents in the February 23, 2019 election, Jones Onyeriri of the Peoples Democratic Party and Senator Osita Izunaso of the All Progressive Grand Alliance.

Onyeriri sent a petition dated April 8, 2019, to the chief judge, demanding that the case file be retrieved from Justice Taiwo and re-assigned to another judge of the court.

In an affidavit deposed to on his behalf by a lawyer, Chijioke Nzekwe, Onyeriri stated that Justice Taiwo on April 5, 2019, had made a bias comment in favour of the plaintiff, Okorocha, when the judge allegedly told INEC’s lawyer, Wendy Kuku, that the commission was responsible for the problems arising from the election.

The affidavit added that the judge had pre-judged the notices of preliminary objection filed by the second and third defendants (INEC and Onyeriri) when he allegedly said he had read through the provisions of the Electoral Act, 2010 (as amended) and found nothing therein that robbed him of the jurisdiction to hear his suit.

Izunaso also filed an application dated April 8, 2019 before the same judge, asking Justice Taiwo to disqualify himself from further handling the matter and return it to the Chief Judge for re-assignment to another judge.

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