The Federal High Court sitting in Abeokuta on Tuesday, 14th July, 2020 maintains the court’s proceedings and orders of 9th June, 2020 where the Judge recused himself from suits FHC/AB/CS/24/2020 and FHC/AB/CS/44/2020.
The counsel to the applicants, Barr. Ifeoma Essom addressed the court based on the motion on notice dated 10th June, 2020 requesting the court to set aside all proceedings and orders made by the court on the 9th of June, 2020. She submitted that the applicants and counsel were not available in court.
In his response, the Counsel to the 1st defendant (PDP) Barr. Muyiwa Obanewa established the fact that the applicants can not choose and decide for the court, their non appearance on the said date was a matter of the applicants’ choice since all parties were duly informed ahead of the date of court’s sitting.
The 2nd defendant’s Counsel, Mrs N. A Tairu told the court that INEC did not file any process on the matter because they do not see where a court can sit on an appeal of its own judgement and therefore leaves the decision to the court.
After the adoption of processes and addressing the court by Counsels, Justice Abubakar Shittu thereafter gave the court’s position which upholds the decision of the court on 9th June, 2020 and declared as quoted “for the avoidance of doubt, I maintain that both cases are to be transfered to the Chief Justice of the Federal High Court for reassignment to another judge. This court therefore declares that the notice filed by the applicants lacks merit and hereby dismissed”.
Justice Abubakar also added that the applicants did not address the real reason for the court’s decision that bothered on lack of confidence in his court expressed by the defendant.