By Dele Moses, Ilorin
Claimants in the case of the demolished ‘Ile Arugbo’ in Ilorin, Kwara state have asked the Chief Judge of
Kwara state, Justice Sulyman Kawu, to reassign the case to another court.
The ile-Arugbo was a structure owned by the late political icon of the state, Dr Olusola Saraki but which was demolished by the state government in a bid to recover the land on which the structure was built on the ground that Asa Investment Limited which claims ownership of the land allegedly had no evidence the property was conveyed to it by the government.
The case is currently before the state High Court presided over by Justice Abiodun Adewara.
The claimants also urged Justice Adewara to recuse himself from the case.
Lead Counsel to the claimants, Dr Akin Onigbinde (SAN), while moving the application at the resumed hearing of the case on Thursday, said: “we have an application before the court asking the judge to withdraw himself from the case. It is not an application against the person of the honourable Judge. The concern is what ordinary members of the public will feel in this circumstance. There is no ruling yet. We give the court the freedom/latitude to decide according to its discretion.”
Onigbinde told the court that a written address in support of the motion was filed on October 22nd, 2020.
“We also filed our reply on point of law on November 3rd, 2020. We humbly adopt the argument in the filed written statement, relying on the written address as our argument in support of this affidavit. We have
also caused to be filed in this court list of authorities to support the written address.”
Counsel to the state government, who is also the Attorney General and Commissioner for Justice in kwara state, Salman Jawondo did not oppose the application for the reassignment of the case.
He, however, described the application as frivolous and reckless, saying it is an assault on the administration of justice.
Jawondo told the court that the defendants filed their response to the claimants’ application on October 27th, 2020.
He said : “We filed our counter affidavit accompanied with a written address the same day; we filed these processes to put the records straight and show the frivolity and reckless and mindless assault on
the court and administration of justice as demonstrated in the content of the application.
“We would not mind if this case is transferred from this court. After all, we have more than 17 High Court judges in the state.”
After listening to counsel from both sides, Justices Adebara said: “this case is adjourned for ruling to a date that will be communicated to counsel to the parties.”