TheCable

Aminu Waziri Tambuwal, speaker of the federal house of representatives, wants a suit against himself and three others reassigned to a different judge to avoid ruling from an iron cast position.

Tambuwal, who raised his apprehension on the assignment of suit number FHC/ABJ/CS/871/2014 to Justice Chuckwu ESJ, said in a petition to the Ibrahim Auta, the chief judge of the federal high court, Abuja, that the said judge had ruled on a similar case, and this may amount to him (Chukwu) presiding over the appeal of a case he decided.

“My Lord, similar suits were variously instituted by various parties and are pending before the Federal High Court No. 7, presided over by Justice A.R Mohammed, in Suits No. FHC/ABJ/CS/621/2013; Between Senator Bello Hayatu Gwarzo & 78 ors VS. Alhaji Bamanga Tukur & 4 ors and are at various stages of proceeding pending before Court 7, presided over by Justice A.R Mohammed, some of these cases are:

1. Peoples Democratic Party Vs. The House of Representatives & 53 ors – Suit FHC/CS/ABJ/4/2014.
2. Peoples Democratic Party Vs. The House of Representatives – Suit FHC/CS/ABJ/57/2014.
3. Peoples Democratic Party Vs. The President of Senate – Suit FHC/CS/ABJ/65/2014.
4. Nnamdi Nwokocha Ahaiwe Vs. The Senate President & ors – FHC/ABJ/CS/79/2014.
5. A.G. Federation Vs. The House Of Representatives – FHC/ABJ/CS/317/2014.

“My Lord, my apprehension is particularly in respect of the presiding Judge, Justice Chukwu, ESJ. having made a pronouncement on similar issues, in similar cases, decided by him, clearly shows that he has an iron cast judicial position or opinion in respect of suit number FHC/ABJ/CS/871/2014 concerning me Sir, which has just been assigned to him.

“A perusal of the new case assigned to Justice ESJ Chukwu, number FHC/ABJ/CS/871/2014 shows that the Plaintiff is asking the Court to interpret the decisions of the Court in the two aforementioned Cases. Peoples Democratic Party & 12 ors Vs. INEC & 4 ors and suit number FHC/ABJ/CS/4/2014, in effect, to sit on Appeal over his own decision.”

He added that his apprehension was heightened by the precedent formed by both decisions, which were still under appeal.

“My apprehension is further fortified by the fact that both decisions of Justice Chukwu and Justice Ademola as captured in the said suits are subject of Appeal in the Court of Appeal,” he said.

Citing Lord Denning’s ruling in metropolitan properties co. Ltd vs. Lannan and others, Tambuwal requested that the case be reassigned to a neutral judge.

“In view of the above stated facts, I humbly urge my Lord to re-assign the said Suit No. FHC/ABJ/CS/871/2014 to a neutral judge, who has not made any judicial pronouncement on the issue, or made public, his own opinion on the issue at hand.”

Filed by Abiodun Ishiaq Akinlade, a member of the federal house of representatives, the suit is requesting the removal of the speaker and the declaration of his seat as vacant.