Judge Withdraws From Okorocha’s Case | Nairalaw

The presiding judge in the suit filed by Governor Rochas
Okorocha of Imo State seeking to be issued with certificate of
return as senator-elect has withdrawn from suit.

Justice Taiwo O. Taiwo of the Federal High Court, Abuja on
Monday withdrew and remitted the case to the Chief Judge of the
court, Justice Abdul Kafarati.

The decision followed the applications and a letter to the Chief
Judge of the court dated April 8, 2019, by both the Peoples
Democratic Party (PDP) candidate in the Imo West Senatorial zone,
Jones Onyeriri and the All Progressives Grand Alliance (APGA)
candidate, Osita Izunaso asking the judge to disqualify himself
from the matter.

The parties had in their letters after the hearing on Friday
April 5, asked the court to disqualify himself from the case having
“clearly prejudged the substantive issues that will be resolved in
this matter and clearly showed he has taken sides with the
plaintiff (Okorocha).”

Izunaso, through his counsel, Orji Nwafor-Orizu argued that
there is likelihood of bias on the part of Justice Taiwo if he
continued to hear the case.

“The humble submission of the 3rd Defendant (Izunaso) is that
the judge presiding at the FHC is disqualified from continued
sitting in this case because the presiding judge already indicated
partisanship and opinion antagonistic to the 3rd Defendant
(Izunaso) before the 3rd Defendant is heard,” Nwafor-Orizu
said.

The judge had on Friday admitted four candidates and political
parties in the election who were challenging the suit by Okorocha.
They are: Nwachukwu Goodluck Clement of KOWA Party; Uche Onyeoma
Ibe of Labour Party; Precious Nwadike of the United Progressive
Party (UPP) and the All Progressives Grand Alliance (APGA).

The parties had filed objections to INEC issuing certificate of
return to Okorocha and rather contended that since return was yet
to be made before he allegedly held the Returning Officer under
duress, the matter can only be handled at the Elections Petitions
Tribunal.