Justice Evoh Chukwu of the Abuja division of the Federal High Court yesterday washed his hands off the case seeking the removal of Speaker of the House of Representatives, Alhaji Aminu Tambuwal by virtue of his defection from the People’s Democratic Party (PDP) to the opposition All Progressives Congress (APC).
The decision followed a petition by the Speaker, requesting the Chief Judge of the Federal High Court, Justice Ibrahim Auta to re-assign a suit to a neutral Judge other than Justice Evoh Chukwu.
The case in reference is suit no. FHC/ABJ/CS/871/2014 filed by Abiodun Ishlaq Akinlade against Alhaji Aminu Tambuwal, the House of Representatives, the Federal Republic of Nigeria and the Independent National Electoral Commission (INEC) and already assigned to Justice Evoh Chukwu of Court 8 for adjudication.
When the matter came up yesterday, Justice Chukwu announced that he was returning the case file to the Chief Judge to re-assign the case to another Judge in view of a petition by Tambuwal.
In the said petition,Tambuwal explained that his fear was sequel to the fact that Justice Chukwu, having made a pronouncement on similar issues, in similar cases, decided by him, clearly showed that he has an iron cast judicial position or opinion in respect of the present case, which has just been assigned to him.
Secondly, in the petition personally signed by him and dated November 30, 2014, Tambuwal submitted that both decisions of Justice Chukwu and Justice Ademola as captured in the said suits- Peoples Democratic Party & 12 Ors Vs. INEC and suit No. FHC/ABJ/CS/4/2014 are subject of Appeal in the Court of Appeal and it would amount to sitting on appeal over his own case.
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