Ladipo Sanusi/
A Federal High Court judge facing charges of alleged corrupt enrichment has accused the trial judge of bias.
Justice Hyeladzira Ajiya Nganjiwa of the Bayelsa Division is standing trial at an Igbosere High Court, in Lagos, presided over by Justice Adedayo Akintoye.
Nganjiwa has, consequently, requested the Chief Judge of Lagos State, Justice Opeyemi Oke, to transfer his case to another judge.
Alternatively, Nganjiwa asked for a court order dismissing the charge, because it constituted double jeopardy to him.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Nganjiwa on $260,000 and N8.65 million corruption charges.
When hearing resumed in the matter today, Nganjiwa through his lawyer, Chief Robert Clarke (SAN), accused the trial judge of “bias in favour of the prosecution”.
Clarke informed the court he had written a letter, dated November 10, 2017, to the Administrative Judge seeking the transfer of the matter to another judge.
He also stated that he had filed an application objecting to the trial of his client before Justice Akintoye.
The EFCC prosecutor, Wahab Shittu, however informed the court that he was not aware of the defendant’s application and was only served in court.
Part of Clarke’s letter seen by NewsmakersNG reads: “The trial judge is presiding over the charge number LD/2544/16, FRN v Rickey Mustapha Tarfa and the counts/facts of the charge against my client are substantially similar to the counts/facts of the charge against Ricky Mustapha Tarfa.
“In essence, my Lord, I am of the view that opinion formed by the learned trial judge as regards charge LD/2544/16 will invariably lead to same opinion in the information against my client.
“My Lord, as it stands, fair trial in the eye of a reasonable man is likely to be tainted as there is likelihood of bias.”
When asked by the presiding judge to explain what he meant by ‘bias’, Clarke maintained there is a presumption of bias by the trial judge in favour of the prosecution.
“It is for the judge to decide if a prima facie case has been established against the defendant. But in the case, it is the Director of Public Prosecution (DPP) that is saying a prima facie case has been established,” Clarke affirmed.
Clarke also told the court that their application before the court was brought pursuant to section 36(9) of the Constitution, and Sections 173,175 and 216 of Administration of Criminal Justice Law of Lagos State, 2011.
He said the application was supported by an affidavit containing all the facts of bias against his client, adding that their main request is “for this court to return the case file to the Chief Judge for purposes of re-assignment to another judge”.
Clarke further stated: “You cannot make up your mind in one particular case and change it in another case. We are not afraid that justice must be done, but justice must be seen to have been done”.
Responding, the EFCC prosecutor described Nganjiwa’s application as a attempt to frustrate trial.
He said the application was also contentious and should not be allowed.
Shittu reminded the court of past attempts by defence to frustrate trial.
He said: “Your lordship, you cannot stay proceedings in a criminal matter. The applicant is imputing bias merely on speculative conclusions that a case is pending before your lordship”.
Shittu further argued that there was no way the facts in the other matter involving Ricky Tarfa could influence the matter before the court as no decision has been taken on it yet.
He also asked the court to take judicial notice of the fact that the defendant is not on a joint trial with Tarfa in the other case nor a witness in the matter.
He contended that the defence had failed to show evidence that the court will be biased in the matter.
“The defence has not shown that your lordship has particular interest in the matter and that your lordship has no relation with the defendant.
“Your lordship has not exhibited any partisanship. The court is only exercising judicial powers in relation to the matter.
“It is speculative to say that the judge should hands off. The circumstances are different. The particulars are different.
“There is no ground for the application from all parameters. So this application is premature. Anybody alleging bias must provide all the particulars”, he maintained.
At that stage, Clarke asked the court for a short adjournment to enable the Administrative Judge take decision on their letter, adding that “after all no court can transfer a judge without the approval of the Chief Judge”.
Justice Akintoye adjourned till November 22 for ruling.
0