Following a petition addressed to the Chief Judge of the Federal High
by the Speaker of the House of Representatives, Aminu Tambuwal, over
the new case filed against his continual membership of the House, a
Federal High Court judge, Justice E.S. Chukwu, on Tuesday withdrew from
the suit, Premium Times reports.
The suit filed by Hon. Abiodun Akinlade seeks to compel Tambuwal to
vacate office following his defection from the Peoples Democratic Party,
PDP. Akinlade is seeking an order of the court declaring Tambuwal’s
seat vacant.
He is also praying the court to order the deputy Speaker, Emeka
Ihedioha to take over the position of Speaker of the House of
Representatives.
The matter was assigned to Justice Chukwu.
But before the matter could be heard, Mr. Tambuwal filed a petition
with the National Judicial Council, NJC, on November 30, challenging the
assignment of the case to Mr. Chukwu.
The speaker had requested that the suit be transferred to a “neutral”
judge because of the likelihood of bias that could prevent him from
getting justice.
The petition reads in part, “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 judgment 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 judgment 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.”
Citing his lack of confidence in Justice Chukwu, Tambuwal appealed to
the President of the Federal High Court, Ibrahim Auta, 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.”
When the matter came up Tuesday, Justice Chukwu announced his
withdrawal from the suit on the ground that a petition has been written
against him.
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