Certificate of return: Izunaso drags judge before NJC, others over alleged misconduct

Hearing in the suit filed by the Imo State governor, Rochas
Okorocha, against the Independent National Electoral Commission
(INEC) demanding his certificate of return has taken another
dimension. Senator Osita Izunaso, one of the defendants in the case
has petitioned the National Judicial Council (NJC), the acting
Chief Justice of Nigeria (CJN) and the Chief Judge of the Federal
High Court over the conduct of Justice Okon Abang.

In the said suit, Okorocha urged the court to compel INEC to
issue him with a certificate of return as the winner of the Imo
West senatorial seat.

However, not satisfied with the conduct of Justice Abang in
handling the proceedings, Izunaso who is the third defendant in the
case, asked the NJC and the senior judicial officer to intervene in
the matter.

The petition titled, “Re: Suit No: FHC/ABJ/CS/296/2019 – Rocha’s
Okorocha vs Independent National Electoral Commission (INEC) and
others, petition against Hon Justice O. E Abang,” chronicled the
alleged acts of misconduct on the part of the judge.

Specifically, the petitioner, Izunoso, premised his petition on
the ground that Justice Abang barred his counsel from representing
him and foisted another counsel, whom he did not brief on him.

According to the petitioner, “other prejudicial act to frustrate
the proceedings in this case, the detail facts in respect of the
above complaints are contained in my affidavit attached to this
petition and I rely on the affidavit as a ground for this
petition.”

The court had last Friday, ordered counsel to Izunaso, Prince
Orji Nwafor-Orizu to produce a medical report from a recognised
government psychiatric hospital confirming that he is mentally
stable to appear before the court.

In addition, the court also held that Orizu must equally enter
an undertaken to be of good conduct throughout the hearing and
conclusion of the matter, not just before the Federal High Court in
Abuja, but before any other superior court of record.

When the matter came up today, Izunoso was in court without a
legal representation as Nwafor-Orizu failed to show up.

Accordingly, Izunoso applied for an adjournment to enable him
engage another counsel to represent him in court, pending when
Nwafor-Orizu will return.

In his affidavit of facts deposed by him, Izunoso told the court
that he just returned to Nigeria from the Republic of Rwanda on May
19, 2019, only to be told by his counsel that the court had made
the above order against his counsel.

He also pleaded with the court that he would not be able to
proceed with the case as he was not a lawyer.

Regardless, Justice Abang refused the application for
adjournment and ordered Izunaso to proceed with the adoption of his
briefs already filed before the court.

Before adjourning the case till today, the court invoked its
powers under the rules to adopt the briefs filed by counsel to
Izunaso.

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