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Re: Suit No. B/177os/19: Disqualify Yourself, Col. Imuse Tells Justice Oviawe

Col. David Imuse has requested Hon. Justice V.O.A. Oviawe to disqualify himself from further presiding over proceedings or delivering any ruling in Suit No B/177os/19 between Ojezua and Imuse. In a Motion on Notice filed on 16th January, 2020 by his counsel, Imuse accused the judge of being biased against him and other Defendants. In the Affidavit in support of his application made on his behalf, Imuse said that the Judge had a special interest in the matter having granted an interim order on 22nd November, 2019 when the former Chief Judge of Edo State, Hon. Justice Ikpomwen had her retirement activities lined up, including swearing in, interdenominational church service, valedictory session and reception. Col. Imuse averred that on the day in question, NBA issued a circular to the effect that the courts would not sit to enable lawyers attend the ceremonies. He therefore questioned how Ojezua and his group secured an interim order on that day.

Imuse stated further in the Affidavit that he challenged the jurisdiction of the court to hear the matter for several reasons and that the court refused to decline jurisdiction which led to his counsel filing an appeal against the Ruling of the Judge on 19th December, 2019.

He maintained that he was able to compile and transmit the record of Appeal of nearly 1,000 pages to the Court of Appeal despite the deliberate obstacles to frustrate his efforts court officials.

The Appeal was entered in the court of Appeal as No: CA/B/05/2020. He stated that inspite of transmitting his records to the Court of Appeal, the judge insisted on continuing with the hearing of the matter to the detriment of his Appeal and against Order 4 Rule 11 of the Court of Appeal Rules, 2016 which forbids a trial court from continuing with the hearing of a matter, which record of appeal has been fully compiled and transmitted to the Court of Appeal.

He said that when the matter came up on 13 th January, 2020, the judge instead of adjourning the matter indefinitely till the outcome of the appeal, insisted on hearing the Motion for Interlocutory injunction filed by Ojezua’s counsel. He said that the Judge refused to refrain from the subject matter of the Appeal despite the rigorous efforts of his lawyers to draw the attention of the Judge to decided cases of the Supreme Court in that regard. Col. Imuse told the judge that Ojezua and his group are boasting that they have succeeded in frustrating his appeal and are sure of getting the order of injunction granted.

The Defendants said that they have lost confidence in Hon. Justice Oviawe’s ability to be fair and just in the matter. They therefore asked the judge to disqualify himself forthwith. It would be recalled that Col. Imuse had earlier written a petition to the Chief Judge of Edo State asking the matter to be transferred to any other Judge for the same reasons.

Click to Open Document: Re: Suit No. B – 177os 19

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