Speaker Tambuwal wants ‘biased’ judge changed in suit seeking his removal

Aminu Tambuwal, Sokoto State Governor

The Speaker of the House of Representative, Aminu Tambuwal, has petitioned the National Judicial Council, NJC, after a member of the House, Abiodun Akinlade, filed a suit asking a Federal High Court in Abuja to sack him as speaker and member of the House.

The suit, No. FHC/ABJ/CS/871/2014, joins the House of Representatives, Federal Government of Nigeria, and the Independent National Electoral Commission, INEC, as defendants.

In his petition, Mr. Tambuwal said he was aware the suit has been assigned to Court 8, presided over by Justice E.S.J Chukwu, a judge, whose antecedents, the speaker said, cannot guarantee fairness.

“Sometime in 2013, the said Presiding Judge, Justice ESJ Chukwu presided over the case of Peoples Democratic Party & 12 ORS VS. INEC & 4 ORS, wherein he made a judicial pronouncement, which has been interpreted by some, to the effect that there was no division, in Peoples Democratic Party,” the speaker wrote in his petition.

The 2013 ruling concluded that there was no division in the Peoples Democratic Party, PDP, despite the formation of a group of estranged party members led by a former party leader, Abubakar Baraje. The group, called new PDP, later joined the All Progressives Congress, APC.

That judgement has been severally cited by the PDP in lawsuits against members of the House who decamped from its fold to the APC.

The Nigerian Constitution permits a public official elected on the platform of a given party to defect only if the party is in crisis and has factions.

Mr. Tambuwal’s cites divisions in the PDP as reason for his recent defection to APC, a claim the ruling party rejects and wants him sacked.

The Speaker however said Justice Chukwu’s ruling portends bias, more so, since his arguments were relied upon by another judge, A.F.A Ademola, even when the suit before him had nothing to do with defection.

“And as such, the defendants in that case, who are members of the House of Representatives, who have similar cases as mine, currently pending in the Federal High Court Abuja, were not protected by proviso to Section 68(1) (g) of the 1999 Constitution.

“He (Ademola) rested his decision on that earlier judgement of Justice Chukwu aforementioned,” he said.
Also, the speaker said Mr. Ademola’s ruling is currently a subject of four pending appeals at the Court of Appeal in Abuja.

Mr. Tambuwal said his concern regarding the case instituted by his colleague lawmaker, Mr. Akinlade, is in respect of the presiding Judge, Mr. Chukwu, and the likelihood that he will not be fair.

“Having made a pronouncement on similar issues, in similar cases, decided by him, clearly shows that he has an iron cast judicial position or opinion in respect of Suit No. FHC/ABJ/CS/871/2014 concerning me, Sir, which has just been assigned to him,” the speaker said in the petition sent through the Chief Justice of the Federation, Mahmud Mohammed.

Mr. Tambuwal added that a review of the new case assigned to Justice Chukwu shows that the PDP is asking the judge to interpret the decisions of the Court in the two cases mentioned earlier, invariably meaning “to sit on Appeal over his own decision”.

“My apprehension is further fortified by the fact that both decisions of Justice Chukwu and Justice Ademola as captured in the said suits are subject of Appeal in the Court of Appeal,” he said.

Quoting judicial precedent, Speaker Tambuwal highlighted that there is a strong likelihood of bias if Justice Chukwu is assigned the suit filed by Mr. Akinlade.

“I humbly urge my Lord to re-assign the said Suit No. FHC/ABJ/CS/871/2014 to a neutral judge, who has not made any judicial pronouncement on the issue, or made public his own opinion on the issue at hand,” Mr. Tambuwal said.


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  • Goodluck_Nigeria

    WHAT IS WRONG WITH THIS FRAUDULENT AMINU WAZIRI TAMBUWAAL

    Now consider this ……….. it happened in Kano ….. not in the United States:

    I am talking about GAMBO SALAU …. He used to be the Speaker of the Kano State House of Assembly.

    When his Governor, Rabiu Musa Kwankwaso abandoned the PDP for APC, Hon Gambo Salau refused to move. He also refused to stay glued to the seat of Speaker .

    The man honorably resigned his post as Speaker and stayed put with PDP and Kano remained peaceful.

    What is wrong with fraudulent trick-star Aminu Tambuwaal …….. Nigeria has more serious problems to confront including Boko Haram …… it is no use wasting vital time on a greedy, selfish, self-centered and hopeless Tambuwaal who even sacrificed the consideration of the National Budget in order to achieve his selfish personal goals.

    Nigeria is greater than Aminu Tambuwaal.

    NB: Aminu tambuwaal cannot pick and choose the Judge in his own case just the same way he wants to continue as Speaker ………….. and remain the Judge in his own case at the House of Representatives.

    • blueeyedkitten

      bias is written all over you. just get!

    • bootypoppin

      Just asking…was Gambo’s resignation a personal decision or not? Or was he ordered by law to resign? If it was a personal decision then why is Tambawal obligated to resign and follow the path of the so called Gambo? When Tanbawal was elected as speaker, was it only PDP members that voted for him? I think your arguments are weak…as u have not given any facts or rulings by law to support your arguments… Rather your arguments are based on sentiments and personal opinions. You have overlooked the partisan role of the executive arm and the police in this…if not everyone can she that this is purely a political game and has nothing to do with Nigeria or Nigerians

      • Contact Point

        didn’t you read what that buffoons name is, goodluck nigeria. He is blind to fact and reality so won’t acknowledge that.

      • TAWANDA INCOMMUNICADO

        Section 68(1) is what this is all about……..wake up !!

    • Grace

      The man tumbleweed is just useless.

    • Contact Point

      Tell PDPig to first ask Mimiko to resign as governor since he was elected under LP but cross-carpeted even with all his executives and members of the legislature to PDPig. After they have done that, we can have issue of Tambuwal rested.

  • BABUYANMA

    Judge Chukwu, the disguised biafrian bent on destroying Nigeria

  • Teddy

    Has anyone taken cognisant of the fact that each time the government of the day in Nigeria, wants to do any thing dirty, like obtaining a judgement through the back door, they find a willing tool in an Igbo person? Examples : the famous Nzeribe’s ABN of 1993 debacle, the late Justice Ikpeme etc, can’t this race/tribe refused to be used for dirty jobs for once? Where is their conscience? My candid advice to this man called justice Chukwu is for him to mind his actions, as posterity will surely judge him.

    • TAWANDA INCOMMUNICADO

      Only Judge Tambuwal wants is a Fulani !

  • dudu

    Is the Nigerian judiciary now bereft of judges with honour who can defend the truth no matter the circumstances? Where is the so called NJC and the NBA? The judiciary as the bastion of Nigeria’s democracy is being bastardised and no one is saying anything.How have we descended so low? I cannot even count up to three judges who are in the mold of late Justice Kayode Eso and his likes again, it is so, so unfortunate.