*Says “Refusal To Move Own Motions Amounts To Disobedience Of Court Orders”
Justice Jude Onwuegbuzie of the Federal Capital Territory sitting in Apo, Wednesday, defies petitions against him to the National Judicial Council, NJC and the Chief Justice of Nigeria, CJN, to dismiss motions filed by Abuja Human Rights Lawyer, Barrister Victor Giwa.
Giwa had cried out of bias severally in his petition before the motions were heard.
Barrister Giwa had in the motions asked the court to recuse himself from his case on the ground that he could no longer get Justice in his case before Justice Onwuegbuzie.
But the court dicountenanced the submissions of Giwa and insisted on hearing the case.
Earlier in the proceedings, Giwa, while moving his motion for the court to recuse himself said Justice is based on confidence and confidence is destroyed when an ordinary man looks at the ciuet and say that the court is biased.
He further argued that justice must not be done, it must be seen to be done.
In his response to Giwa’s argument, the prosecuting Counsel, Theophilous Silas, prayed the court to dismiss the motions.
He said the court can’t recuse itself from the case since witness has been called, adding that the mere fact that the defendants had written to the Chief Judge of FCT high court, the CJN and the NJC should not stop the trial.
He said his letters are not automatic trigger to what the law says regarding criminal trial.
In his response, Giwa said the prosecution Counsel failed to address the issue of loss of confidence in the court.
“Having not transversed that path of loss of confidence in the court, it means he has admitted that part of my argument.
“The prosecution misguided the court. The prosecution has called one witness, which has not even been done with. The CJ must investigate my petitions because there are allegations in them.
“The law says the CJ shall investigate the petitions. The word ” Shall” is a mandatory word. The allegation of bias is at the root of my case and I urge the court to doscountenencae the submission of the prosecution and recuse itself”, he argued.
In a short ruling, the Judge said he was yet to hear from the CJ regarding the case and therefore, will not recuse himself, he therefore, ordered Giwa to proceed with his defence in the case.
But Giwa refused, saying that he already wrote to the NJC and the CJN and had received a reply.
According to him, there are already fresh petitions against the judge before the CJN and the NJC, alleging bias in the hearing of my case.
“The NJC and the CJN have written back to me that my petitions are being looked into.
He said proceeding with his defence will prejudice the actions being taken by the CJN and the NJC.
My Lord has the petitins and their responses. “By the responses in the petition, bias has been established against me in this case.