Alleged Impersonation: Judge Rejects Recusal Application, Vows To See Justice Served

Justice Jude Onwuegbuzie of the High Court of the Federal Capital Territory (FCT) sitting in Apo, on Wednesday, rejected an application by an Abuja-based Lawyer, Victor Giwa, to recuse himself from the trial involving allegations of forgery and impersonation.

Wednesday’s resumed sitting was for continued hearing in the case of alleged forgery and impersonation involving Barr. Victor Giwa, and one other defendant, Ibitade Bukola.

The defendants were facing trial before Justice Onwuegbuzie over allegations that they forged official documents and impersonated a Senior Advocate of Nigeria (SAN), Awa Kalu, in an attempt to mislead the Office of the Attorney-General of the Federation (OAGF) into withdrawing criminal charges earlier filed against Giwa at an FCT High Court, Maitama.

During Wednesday’s proceedings, Prosecution Counsel, F. G. Gabriel, appeared for the Inspector-General of Police, while Barrister Victor Giwa, the first defendant, represented himself, and Ogbu Aboje appeared for the second defendant, Ibitade Bukola.

The prosecution filed two motions, Motion No. M/14692/25 (dated November 10, 2025), seeking amendment of the charge and Motion No. M/14024/25, seeking revocation of the bail earlier granted to the first defendant.

Giwa presented four motions before the court, namely, Motion No. M/757/25 (dated May 21, 2025), seeking the discharge of the case for lack of jurisdiction; Motion No. M/12210/25 (dated September 30, 2025), asking the court to strike out the charge for failing to disclose sufficient materials and Motion No. M/13799/25 (dated October 27, 2025), requesting the judge to recuse himself from the matter over alleged bias.

Giwa, while arguing his motion for recusal, claimed that his trial had been “pre-arranged” by the nominal complainant and that the presiding judge had shown “manifest bias” in the conduct of proceedings.

He relied on Sections 6(6) and 36 of the 1999 Constitution (as amended), supporting his motion with an affidavit of 74 paragraphs and 15 exhibits.

The prosecution, in its counter-affidavit filed on November 4, 2025, urged the court to dismiss the application, describing Giwa’s allegations as unfounded and speculative.

In a brief ruling, Justice Onwuegbuzie dismissed the motion for recusal for lacking in merit.

The judge held that the application was “borne out of mere imagination” and that no credible evidence had been presented to suggest bias or prejudice.

“You cannot move a motion that is not properly before the court. Having examined the affidavit and submissions, I find no basis for the allegations of bias. All actions taken in this matter have followed due process,” the judge ruled.

Justice Onwuegbuzie further emphasised that the court remains committed to dispensing justice fairly, stating that “justice must be served without fear or favour.”

The case was subsequently adjourned to November 27, 2025, for continuation of trial, specifically to hear the motion challenging the court’s jurisdiction.