Judge Assigned To Remove Speaker Tambuwal Withdraws Citing Petition Against Him

Justice Evoh Chukwu of the Federal High
Court sitting in Abuja yesterday withdrew
from a suit instituted by a House member,
Abiodun Ishaq Akinlade, seeking to compel
the Speaker of the House of Representatives,
Aminu Tambuwal to vacate the speakership
following his defection in October from the
PDP to the All Progressives Congress
(APC).

The plaintiff is seeking for an order court declaring
that Tambuwal’s deputy, Emeka Ihedioha, should
take over the speakership upon the vacation of the
speaker.
The matter was consequently assigned to Justice
Chukwu.
When the matter came up yesterday, the trial judge
announced his withdrawal from the suit on the
ground that a petition has been written against him.
Tambuwal had written a petition to the National
Judicial Council NJC dated November 30
challenging the assignment of the case to Chukwu.
He, therefore, requested the judge to disqualified
from sitting over the suit 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 judgement 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 judgement 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.”
Tambuwal further stated that he did not have
confidence that Justice Chukwu will be able to
dispense justice in the case as he had earlier “made
a pronouncement on similar issues, in similar cases,
decided by him, clearly shows that he has an iron
cast judicial position or opinion in respect of suit no.
FHC/ABJ/ CS/871/2014 concerning me sir
which has just been assigned to him.”
The speaker however urged the Justice Auta to re
assign the suit to “a neutral judge who has not made
any judicial pronouncement on the issue or made
public his opinion on the issue at hand.”