Land Dispute: Frmr MILAD Ask Presiding Judge To Disqualify Self

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By: Mayen Etim

KADUNA, North-West, Nigeria – There seems to be no end in sight in the case of land dispute between the former military administrator of Kebbi State, Colonel John Ubah (Rtd), and Mr. Lawrence Enyesiobi, as the former has asked the presiding Judge, Justice Sami Daka of High Court 14 to disqualify himself in Suit No. KDH/KAD/202/17 because he sensed that the Judge is already biased.

He stated this in a petition dated June 11, 2018 and made available to the media in Kaduna on Thursday.

Col Ubah (Rtd) said he want the presiding judge to immediately disqualify himself in accordance to provision in Rule 2C (1) of the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, which is on disqualification.
He said during the last hearing on May 16, 2018, the Judge said; “Nobody can influence my judgment.” By this statement he said, the presiding judge is under pressure which led to outburst in the Court.
Col. Ubah (Rtd) has stated in the petition that the Kaduna State High Court Chief Judge, Hon. Justice Tanimu Zailani had shown interest and interfered in the case and, therefore expressed lack of confidence on the Kaduna High Court.
“I am dissatisfied with the outcome of your ruling and will therefore appeal to a higher Court, while paragraph 3 pointed out that I am hereby applying for a copy of the said ruling with all the processes to enable me prepare for the appeal within the time frame. Your court has schemed and frustrated my effort to appeal on the ruling. This violates Section 36 of the Nigeria Constitution of 1999 as amended.

“My Lord, considering all of the above, I will conclude by drawing your kind attention to this popular dictum of law, which states that Justice must not only be done but must be manifestly seen to be done in accordance to the Rule of Law.

“I totally believe that, I cannot get justice in Suit No. KDH/KAD/202/17 due to your partiality and you are already biased attitude on the matter, more so with Hon. Justice Tanimu Zailani as Chief Judge, who has deliberately failed to exonerate himself from my observation. This confirms that the matter is a framed-up against me to cover up my report on corruption.

“I therefore request that you please disqualify yourself in the interest of justice and accordingly refer the case file to the Hon. Chief Judge of Kaduna State High Court for his necessary action, please,” he said.

The presiding Judge of Court 14 in his reaction, who spoke through the Registrar of the Court, said he has followed the Defendant’s request to disqualify himself and he has handed over the file back to the Chief Judge of Kaduna State. He added that it is a due court process and nothing so special about it.

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