The Social Democratic Party (SDP) on Monday said it has lost confidence in a High Court Judge, Justice A.S. Ibrahim, whom it asked to recuse himself from a case of alleged certificate forgery labeled against its deputy governorship candidate in the Kogi November 11 election.
The Kogi Government had filed a suit against Sam Ranti-Abenemi, the running mate of the SDP Governorship Candidate, Yakubu Ajaka, for allegedly submitting to the Independent National Electoral Commission, INEC, a forged GCE O’Level certificate for the upcoming governorship poll in the state.
The state government through the Director of Public Prosecution, DPP, Badama Kadiri, had charged Ranti-Abenemi with perjury, false declaration, use of false documents as genuine and possession of a forged 1979 Ordinarily Level Certificate tendered in his Form EC9 to INEC.
When the case came up for hearing on Monday, the Counsel to the accused, Jibrin Okutepa (SAN), told the court that he had two Motions, viz: Motion to quash the charge against Sam Abenemi, and Motion for the Judge to disqualify himself from the case.
Mr Okutepa explained that the motion became imperative on the grounds of likelihood of bias on the side of the judge.
“My Lord, our first motion which is very important to us is the one asking you, the Judge, Justice A.S. Ibrahim, to recuse/disqualify yourself from this matter that is before you.
“Your lordship, this motion or application became imperative on the ground of likelihood of bias on your side as the judge in this case.
“Our reason being that you were the judge in a matter involving the SDP governorship candidate, Yakubu Ajaka, sometimes in April while he was still card carrying member of All Progressives Congress (APC).
“It’s on this premise that we completely lost confidence in you on this matter that also affects his (Ajaka’s) political ambition.
“The second Motion is for the charge against the defendant, Sam Abenemi, be quashed on grounds that the court do not have jurisdiction to take cognisance of the charges labeled against him.
“We will only be ready to take this second motion, when you have recused yourself of this matter,” he said.
But Kadiri, the Prosecution Counsel, objected to the application, which he described as lacking in merit and should be discarded by the court.
“My Lord, I don’t think this motion has any strength to stand as it is completely lacking in merit and should be refused.
“We don’t think there’s any relation between this case and that one which the defence counsels are referring to. This is just a delay tactic that shouldn’t be allowed,” Kadiri argued.
Justice Ibrahim, who keenly listened to the arguments of both parties on the said motion, reserved ruling till a date to be communicated to the parties.
(NAN)
