Kano: Judge livid with anger as lawyer asks him to recuse self from suit
By Muhammad Muhammad
Kano state government has accused Justice Simon Amobeda of the Federal high court, of bias in the local government election matter brought before him.
The All Progressives Congress (APC), and others had moved an application seeking a declaration that there was no democratically elected council chairmen in Kano.
In the originating summons with suit No: FHC/KN/CS/425/2024, the plaintiffs are asking the court to stop Federal government, Central Bank of Nigeria (CBN) and Accountant General among others from releasing statutory funds accruable to the 44 local government councils in the state.
When the matter came up for hearing Friday, Kano state Attorney General and Commissioner for Justice, Barrister Isa Haruna Dederi asked Justice Amobeda to recuse himself from the case due to his perception of him as biased, based on traits he has exhibited over time.
The AG in a documented application alleged that the Federal Judge has reflected some forces of grudges against the state government and its agencies since a petition was filed before the National Judicial Commission (NJC) against him alleging abuse of privileges and indiscriminate granting of ex-parte applications.
“The Honourable Judge took it personally against the state government. As a result, he has openly exhibited fury and has persistently lamented, to the hearing of all. The Judge spends good time in his court castigating the state government before his proceedings begin every time he sits in court”, the AG explain
The state government claimed it noticed an “unusual concentration of the cases involving politically exposed persons belonging, especially to the opposition political parties against the state government” before the judge, indicating a sort of affinity between the judge and an opposition political party.
The government said the “Honourable Judge has been variously quoted in newspapers threatening to expose a Kano State government functionary who wrote the petition against him, expressing his anger while trying to show that the petition was unjustified.
The state government submitted that its fear of bias from Justice Amobeda is already permeative among average citizens in Kano State.
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The atmosphere at courtroom No. 3 however changed when Justice Amobeda reacted to the application asking him to recuse himself from hearing the matter related to the local government election held on Saturday 26th October, 2024.
Justice Amobeda who was physically emboldened in high emotion over the application for recusal filed by the state government insisted he does not belong “to the other side” as alleged but rather to the side of justice.
Justice Amobeda, ostensibly striking back, maintained that only “lazy lawyers make applications for recusal”, while accusing lawyers in Kano state of making “despicable things” about him.
Bearing his mind, Justice Amobeda however revealed that he was not against Kano state government, but “against the impunity of the state”, adding that he had delivered judgements that favoured the government in some cases.
In a swift intervention to calm already high emotions in the court, a Senior Advocate, Chief Adegboye Awomolo pleaded on the Judge to calm his emotions. The Senior who also led one of the respondents’ legal team said “I have seen the level of emotion in your lordship”, while pleading for circumspect.
Also, responding to Judge’s expression of anger, another Senior Advocate, Chief Nureini Jimoh said “Simon Amobeda can be angry, but Honourable Justice Simon Anobeda should not be angry.”
Meanwhile, the application for recusal could not be heard due to a lack of service on other parties. Justice Amobeda however adjourned the matter till 21st of January 2025 for hearing of the motion.
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