Justice Evoh Chukwu of the Federal High Court, Abuja, on Tuesday, withdrew from a suit instituted by a House of Representatives member, Honourable Ishiaq Akinlade. Honourable Akinlade is seeking to compel Aminu Tambuwal to vacate his seat as the
Speaker of the House, following his defection in
October from the Peoples Democratic Party (PDP)
to the All Progressives Congress (APC).

The plaintiff is also seeking for a court order
declaring that Tambuwal’s deputy, Emeka Ihedioha, should take over the Speakership upon
vacation of the Speaker. The matter was consequently assigned to Justice Chukwu.

When the matter came up on Tuesday, the trial
judge, Justice Evoh, announced his withdrawal
from the suit on 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 be disqualified from sitting over the suit because of
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 PDP 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 PDP.

“The above decision of Justice Chukwu was heavily relied upon and cited severally in the case of PDP, 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 judgment 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 PDP..

“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.

“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.”

Tambuwal further said 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, which clearly shows that he has an iron cast judicial position or opinion in respect of suit No. FHC/ABJ/ CS/871/2014 concerning me, which has just been assigned to him.”

The Speaker urged the Chief Judge of the Federal High Court, Justice Ibrahim Auta to re-assign the suit to “a neutral judge who has not made any judicial pronouncement on the issue or made public his own opinion on the issue at hand.”