Justice Iniekadi Eradiri, of a Bayelsa State High Court on
Monday disqualified from the trial of Chief Richard Kpodo, a former
aide to ex-Gov. Timippre Sylva of Bayelsa.
Kpodo, standing trial for the alleged rape of a 26-year female
cashier, had appealed Justice Eradiri’s ruling, declining to
disqualify self from hearing the case and petitioned the National
Judicial Council (NJC) accusing the judge of bias.
Kpodo’s counsel, Julius Iyekoroghe, had on Dec. 21, 2018,
approached Eradiri with a motion on notice, urging him to
disqualify himself, Eradiri referred the application to Chief Judge
of Bayelsa.
Justice Kate Abiri, Chief Judge of Bayelsa, subsequently
declined an application to have the rape trial to another
judge.
The defence counsel alleged that the judge showed bias in the
case by refusing to grant bail to the defendant.
Ruling on the petition on Monday, Eradiri, said that he was
constrained to hands off the case to pave way for the investigation
by the NJC.
“I feel strongly that I should no longer continue with the case
since the petition against me before the National Judicial Council
is being investigated.
” I will, therefore, hand over the case file to the Honourable
Chief Judge,” Eradiri said.
It will be recalled that Kpodo who was earlier denied bail by
Eradiri appealed the decision at the Appeal Court and was released
from prison custody at Okaka Prisons Yenagoa, where he was held
from July 2018 till April 2019 have met the bail conditions.
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