Court to hear application for transfer of case in October

Justice Yusuf Halilu of the FCT High Court, Jabi on Thursday adjourned the hearing of an application by Hon. Farouq Lawan seeking transfer of his case from Justice Angela Otaluka of FCT Lugbe High Court.

Halilu after listening to the prosecuting counsel, Mr Eyitayo Fagbemi and Counsel to the Defendant, Mr Godwin Eyibo adjourned the case until Oct 16.

Counsel to Lawan had written a petition to the Chief Justice of FCT, Justice Ishaq Bello, citing bias and lack of confidence in Otaluka’s court.

Bello also reassigned the case to Halilu’s court at the Jabi High Court.

Fagbemi, however argued that it was against the spirit of the administration of criminal justice acts for the case to have been brought before Halilu from Otaluka.

He said that the case was almost concluded before it was transferred to Halilu’s court, adding that four witnesses had been called before Otaluka only to hear that the case had been transferred.

Fagbemi said that the case should be transferred back to Otaluka because the prosecuting counsel was about calling the fifth witness before a petition was discovered against Otaluka.

He said that the petitioner alleged a bias by Otaluka against the defendant, adding that the reasons were appalling.

He said that the basis for transfer of cases was captured in the administration of criminal justice act, adding that the defendant must follow through with the process.

Meanwhile, counsel to the Defendant, Eyibo urged the court to dismiss the argument of the prosecuting counsel, adding that his arguments were without merit.

He said that the Chief Judge of the FCT had the prerogative to reassigned cases, adding that such exercise was within his power based on Section 168 of the Administration of Criminal Justice.

He said that his client had lost confidence in Otaluka’s court based on her biases, adding that the petition was based on that and the Chief Justice of FCT found it expedient to transfer the case.

“The Chief Justice of FCT has the right to exercise his power to reassign cases and this falls within his administrative purview,” he said.

Eyibo prayed the court to affirm that the FCT CJ had complied with the law by reassigning the case according to necessary provision of the administration of criminal justice acts.

He however added that the allegation of bias as alleged in the petition was not to cast aspersion on the integrity of Otaluka.