LAGOS — Embattled former Managing Director of Bank PHB Plc, Mr. Francis Atuche, yesterday, asked Justice Lateefa Okunnu of an Ikeja High Court to disqualify himself from his (Atuche) ongoing trial before the court.
In the application, Atuche, through his counsel, Chief Anthony Idigbe, SAN, prayed the judge to disqualify himself from hearing or determining the charges brought against him.
Emphasising on the need to disqualify himself from hearing the case, he accused the judge of being biased, asking that in the alternative, the matter be transferred to another judge within the Lagos Criminal Division.
He argued: “We don’t need to prove that the court is indeed biased. What we are saying is that looking at the facts from the perspective of a third party, this court has shown likelihood of bias. We are not here to say that the court is biased, but looking at the proceedings, the first accused does not feel that his constitutional right to an impartial hearing is protected.
“What we are saying is that this court should stop itself from hearing this matter. There are many judges who can entertain the matter.”
He further argued that when Atuche was arraigned, he had objected to the charges but the judge decided to enter a “not guilty” plea for him, while the court also decided to hear Atuche’s preliminary objection, in which he had challenged the court’s jurisdiction to entertain the matter before his bail application was heard.
According to him, the court declined to hear the defense arguments supporting the preliminary objection and had remanded Atuche in prison custody.
“The court had also imposed a fresh bail condition on Atuche, when he was eventually granted bail despite earlier being granted bail by the same High Court presided over by Justice Adeniyi Onigbanjo on terms given to him at the Federal High Court in Lagos,” Idigbe said.
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You are biased, hands off my trial, Atuche tells judge
You are biased, hands off my trial, Atuche tells judge
NigerianEye
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Wednesday, July 13, 2011
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