A nursing mother has called on the Chief Judge of FCT to assign a case she is facing trial for to a neutral Judge
The woman made the request following allegation of bias against a Judge trying her at the FCT High Court.
Her request for transfer of the case to a neutral judge was made in a petition written and signed by Ishaka M.Dikko SAN of the M Dikko and Associates law firm.
Titled:”APPLICATION FOR URGENT REASSIGNMENT OF THE FRESH BAIL APPLICATION TO A VACATION JUDGE DIFFERENT FROM HON, JuSTICE N.K. NWOSU-IHEME AND FURTHER ASSIGNMENT OF THE CASE TO ANYNEUTRAL JUDGE OF THE HIGH COURT OF THE FCT FOR TRIAL ON
GROUND OF ALLEGATION OF BIAS BY QUR CLIENTS, the SAN wrote: “We are Counisel to the Defendants (hereinafter referred to as our cients) in the above captioned case pending before the FCT High Court 52 Wuse Zone 2, Abuja
on whose behalf and instruction we write.
The suit in questions is CASE NO: CR/445/2021 BETWEEN COMMISSIONER OF POLICE VS RUKHAYAT USMAN ABBEYSON&2 ORS PENDING BEFORE HON, JUSTICE N.K. NWOSU-IHEME HIGH COURT 52 WUSE ZONE”
The lawyers said “Sir, on the 17th day of July, 2024, the Defendants were arraigned before FCT High Court 52, Wuse Zone 2 Abuja for alleged offence bothering on Criminal Conspiracy and Theft, the plea of the Defendants was taken and they all denied the alegations.
“Thereafter, on their behalf, we moved an application for bail of the Defendants which was opposed to by the Prosecution and the Court adjourned to the 19th day of July, 2024. On the said 19th day of July, 2024 who are hoing th o ad reused to grant bail to the Defendants
is highly pertinent to point out that the 1% Defendant is a nursing mother who gave birth to twins through caesarean session on the 13th February, 2024 and the babies are barely 4 months old, who are presently at a stage they need all care and attention.
“Sir prior to the 17th day of July, 2024 when the Defendants were arraigned before the Court, the 3rd Defendant was taken before the Court on the 4th day of June, 2024 for arraignment and we were briefed by the 3rd Defendant
that the Judge said while asking for the whereabout of the 1 and 2nd Defendants that: “… are these not the people that stole gold worth N300,000,000 (Three Hundred Million Naira) and there is a voice recording of them confessing to it, is that why they are running away from court?
“My lord, the above statement of the Learned Judge of the Court as stated by the 3d Defendant, the Hon. Judge is already convinced that the Defendants truly committed the Offences alleged against them even before trial. This is was even when there was no record of service of the Charge against the 1st and 2nd Defendants, the 1 and 2nd Defendants were only served with the charge on the 11h July, 2024.
” Your lordship, we have filed a new motion for bail of the Defendants alongside and Affidavit of urgency (the motion on notice and Affidavit of Urgency are herewith attached as Annexure A and B respectively),however our clients are convinced that they cannot get justice before the
Court based on the dispositions of the Judge So far in the case and keptWondering about the refusal of their bail application.
“In line with the foregoing, we hereby apply and urge my noble lord to assign the hearing of the Motion on Notice for bail filed on the 25th July, 2024 to one of the Vacation Judges and also reassign the hearing of case to any
other neutral Judge of the FCT High Court. The position of our clients is that they carnnot get justice before my lord (Hon Justice N.K.Nwosu-Iheme) who has exhibited bias against the Defendants.”
