By Ameh Ejekwonyilo
Abuja
Justice Evoh Chukwu of the Federal High Court sitting in Abuja has withdrawn from a suit instituted by a member of the House of Representatives, Hon. Abiodun Ishiaq Akinlade, seeking to compel the Speaker of the House of Representatives, Aminu Tambuwal to vacate the speakership following his defection from the Peoples Democratic Party (PDP0 to the All Progressives Congress (APC).
Akilade is seeking for an order of court declaring that Tambuwal’s deputy, Emeka Ihedioha, should take over the speakership upon the vacation of the speaker.
When the matter came up yesterday the trial judge announced his withdrawal from the suit on the 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 disqualify himself 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 Peoples Democratic Party 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 People’s Democratic Party.
“The above decision of Justice Chukwu was heavily relied upon and cited severally in the case of Peoples Democratic Party, 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 People’s Democratic Party.
“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. He rested his decision on that earlier judgment of Justice Chukwu aforementioned.”