By Onyewuchi Ojinnaka
Justice Muslim Sule Hassan of a Federal High Court sitting in Lagos, Nigeria on Wednesday, declined to withdraw self from the ongoing trial of two chieftains of the People’s Democratic Party (PDP), over alleged N650million fraud.
PDP chieftains Ayo Adeseun (2nd defendant) and Olarenwaju Otiti (3rd defendant) are standing trial alongside a former Minister of Federal Capital Territory (FCT), Jumoke Akinjide (1st defendant)
The Economic and Financial Crimes Commission (EFCC), is prosecuting them on an amended 24-counts charge bordering on the alleged offence.
They had each pleaded not guilty to the charges preferred against them and were granted bails.
Trial had since commenced in the suit, with witnesses being led in evidence.
At the last adjourned date on February 6, counsel to the second and third defendants had both moved their different applications before the court, seeking the judge to recuse self from the trial of the defendants.
Their application is based on allegations of bias as the judge having been a former head of legal in the EFCC.
Justice Hassan had then adjourned the case for ruling.
Delivering his ruling on the application on Wednesday, the court highlighted all the arguments and counter arguments as canvassed by counsel to the defendants and prosecution, as well their respective submissions.
After highlightening the arguements canvassed by parties, the court held that: “The only issues for determination is whether the applicants are entitled to the reliefs sought.
“It is not in dispute that “Judex” was former head of legal and prosecution of the Economic and Finncial Crimes Commission.
“The main issue in contention is, can that be sufficient reason or proof of bias against the second and third defendants; these allegations raised are spurious and lacks any substance.
“What can be more spurious when second defendant attached his own record of proceedings against the court’s own record of proceedings.
“As rightly submitted by prosecution, at the time the defendants were investigated and subsequently charged before the Federal High Court in Ibadan, the trial judge had been appointed a judge already.
“I agree with learned counsel for the prosecution, that judges of superior courts of record, swear to oath of allegiance to be just and fair, and cannot be disqualified from presiding over cases by mere allegations that the judge once worked in an organisation.
“Learned counsel to the third defendant had filed a similar application for the transfer of the case to Ibadan;
“On 12 December 2018, the court dismised the application, only for counsel to turn around and raise allegations of bias.
“These applications are meant to harass, intimidate and blackmail the court; the court will not succumb to cheap blackmail, ” he held
Citing a plethora of judicial and statutory authorities, the court held:
“Both applicactions are liable to be dismissed and they are accordingly dismissed; I make no order as to cost, “
Meanwhile, following a letter for adjournment written by the prosecution, the court adjourned the case until April 18 for continuation of trial.
The defendants were re-arraigned on January 16, 2018, on the amended charge.
They were alleged to have received sums of money from a former Minister of Petroleum Resources, Mrs Diezani Alison-Madueke, in the build-up to the 2015 General elections.
The money was said to be part of the 115 million dollars allegedly disbursed by Alison-Madueke, to influence the outcome of the 2015.