Certificate Of Return: Okorocha’s Suit Against INEC Suffers Setback As Judge Withdraws

Posted by African Examiner Featured, Latest Headlines, News Wednesday, April 10th, 2019

(AFRICAN EXAMINER) – A judge of the Federal High Court, Abuja, Justice Taiwo Taiwo has withdrawn from the suit filed by Governor Rochas Okorocha of Imo State in respect of his Certificate of Return as a Senator-elect.

The embattled Governor had gone to court seeking an order compelling the Independent National Electoral Commission (INEC) to issue him a Certificate of Return as the Senator-elect for the mo West Senatorial District.

When the matter came up for hearing Wednesday, Justice Taiwo announced his decision to recuse himself from adjudicating on the matter following allegations of bias against him.

He subsequently announced that the case file would be returned to the Chief Judge of the Federal High Court, Justice Adamu Abdu- Kafarati, for reassignment to another judge.

The judge disclosed that his decision was sequel to allegations of bias made against him by candidate of the Peoples Democratic Party (PDP) for the February 23 National Assembly elections, Mr. Jones Onyeriri and that of the All Progressives Grand Alliance, (APGA). Senator Osita Izunaso.

Onyeriri, in his petition, asked the judge to disqualify himself from the suit because of utterances he made in court.

The utterances allegedly prejudged the substantive issues that will be resolved in the matter and clearly shows he has taken sides with Okorocha.

An affidavit deposed to on his behalf by a lawyer, Mr. Chijioke Nzekwe, stated that Justice Taiwo had, Friday told counsel to INEC, Wendy Kuku, that the Commission was responsible for the problems in the election.

Nzekwe averred that the judge went further to say that he had read through the provisions of the Electoral Act, 2010 (as amended) and found nothing therein that robs him of the jurisdiction to hear the suit.

“This pronouncement shocked all the counsel who were present in court and even members of the public and the Press who were in the gallery.

“This is because the second and third defendants (INEC and Onyeriri) have Notices of Preliminary Objection challenging the jurisdiction of the court to hear this matter,” the stated.

Izunaso asked for an order transferring the suit to the Chief Judge of the Federal High Court for reassignment to any other judge of the court.

The motion, which was filed by his counsel, Mr. Orji Nwafor-Orizu, also sought an order of the court disqualifying itself from further hearing the suit.

The Lawyer premised his motion on the grounds that there was a likelihood of bias on the part of the court to continue to hear the suit, as the presiding judge had expressed an opinion favourable to Okorocha, even without hearing the substantive suit.

“The said utterances were made on April 5 and they clearly pre-judged the substantive issues that will be resolved in this matter.

“It clearly shows that the presiding judge has taken sides with the plaintiff,” Nwafor-Orizu alleged.