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Godwin Tsa, Abuja
Justice Taiwo .O. Taiwo of the Abuja division of the Federal High Court has washed his hands off the suit filed by the Imo State governor, Rochas Okorocha, urging the court to grant an order compelling the Independent National Electoral Commission (INEC) to issue him with a Certificate of Return as the senator- elect for Imo West Senatorial District.
Taiwo consequently returned the case file to the Chief Judge of the Federal High Court, Justice Abdul Kafarati, for reassignment to another judge.
The decision of the judge followed allegations of bias made against him by the candidates of the Peoples Democratic Party (PDP) for the February 23 National Assembly election, Jones Onyeriri, and that of the All Progressive Grand Alliance (APGA), Senator Osita Izunaso.
Onyeriri, in his petition addressed to Kafarati, dated April 8, 2019, asked the judge to disqualify himself from the suit. In the petition, which was signed by him, Onyeriri demanded that the judge should withdraw from the matter because of his utterances in which he “clearly prejudged the substantive issues that will be resolved in this matter and clearly showed he has taken sides with the plaintiff (Okorocha).”
In an affidavit deposed on his behalf by a lawyer, Chijioke Nzekwe, he stated that Taiwo on Friday told counsel to the Independent National Electoral Commission (INEC), Wendy Kuku, that the commission was responsible for the problems in the election.
Nzekwe further averred that “the honourable judge went further to say that he has read through the provisions of the Electoral Act, 2010 (as amended) and found nothing therein that robs him of the jurisdiction to hear his suit.’
“That this pronouncement shocked all the counsel who were present in court and even members of the public and pressmen who were in the gallery because 2nd and 3rd defendant (INEC and Onyeriri) have Notices of Preliminary Objection challenging the jurisdiction of the Honourable Court to hear this matter.”
In his motion on notice dated April 8, 2019 and brought pursuant to section 22(1) of Federal High Court, 2004, and section 36(1) of the 1999 constitution, Izunaso asked for an order transferring the suit to the Chief Judge of the Federal High Court for reassignment to any other judge of the court.
