BY ISAIAH BENJAMIN, Kaduna
A former military administrator of Kebbi State, Colonel John Ubah (Rtd), has appealed to the Chief Judge (CJ) of Kaduna State, Justice Tanimu Zilani to re-assigned his land suit No. KDH/KAD/202/2017 between Mr. Lawrence Enyesiobi before Justice Bashir Sukola of State High Court 10 to another judge for fair hearing.
In a letter dated 20th June 2017, Col. Uba (Rtd) cited Section 36 of the Constitution of the Federal Republic of Nigeria, and Section 98 of the Administration of Criminal Justices Act 2015, which provide for a Chief Judge to transfer a matter.
The Ex-Milad said he has lost confidence in Hon. Justice Bashir Sukola, the Presiding Judge on his case; saying the Presiding Judge has willingly abused his office by rejecting his applications dated 2nd June 2017 and a follow up on same in the court on 19th June 2017.
The letter reads in part; “I forward to you the above mentioned application on this matter, captured above, for your kind necessary action as the Chief Judge of Kaduna State High Court of Justice, in accordance to the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, which is on fair hearing and Section 98 of the Administration of Criminal Justices Act, 2015 which provides for a Chief Judge to transfer a matter.
“This becomes necessary because I have lost confidence in Hon. Justice Bashir Sukola, the Presiding Judge on the above mentioned matter, who has willingly abused his office by rejecting my both applications dated 2nd June 2017 and the oral follow up on same in the court on 19th June 2017, for him to withdraw from the matter due to my reasons given in the applications.
“The refusal to grant my application and withdraw himself from this matter simply confirm that the Presiding Judge has an interest to favour the Plaintiff rather than Justice, which clearly contradicts the provision in Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, Rule 2(c) – Disqualification.
“I therefore request your immediate intervention to withdraw this matter from Hon. Justice Bashir Sukola and kindly re-assign the matter according” he appealed.