A Judge of the Federal High Court in Abuja, Justice Joyce Abdulmalik has refused to recuse herself from hearing a suit despite mounting pressure to do so.
The Judge hinged her stance on the fact that she is not biased against any of the parties in the suit as claimed.
The suit in question, which was filed by some factional lawmakers from the state, is seeking to stop fund allocation to the Local Government Areas (LGAs) in Rivers. to withdraw from a legal case owing to a potential conflict of interest or lack of impartiality. This action can be taken by a Judge, Juror, and other judicial officers.
In a suit filed on its behalf by Joseph Daudu, SAN, the Rivers state House of Assembly and its factional) Speaker, Martin Amaewhule is asking for withholding of funds meant for local governments in the state.
But in the middle of the proceedings, the Accountant General of Rivers filed a motion on notice where he accused Justice Joyce Abdulmalik of bias against it and all other defendants in the suit.
Represented by Tuturu Edem, SAN, the Accountant General faulted the ways and manners the Judge had been conducting the proceedings describing it as strange and unbelievable.)
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The position of the Accountant General was adopted by the CBN and all other defendants.
However, in her ruling, the Judge said she would not recuse herself adding that she was not biased as alleged.
The Judge also refused to decline jurisdiction and a request to allow the Federal High Court in Port Harcourt to take over the proceedings.
Justice Joyce Abdulmalik held that the territorial jurisdiction of the Federal High Court was one across the country and added that the Chief Judge of the Federal High Court has the discretion to assign any case to a Judge of his choice.
She thereafter ordered the hearing in the substantive matter and the preliminary objections, having ruled against the request by the Rivers state government to stay proceedings in a suit.
The Judge held further: “the request argued by Gordy Uche, SAN on behalf of the Rivers State Government was frivolous, vexatious, unwarranted, and mischievous.”
The Rivers State House of Assembly and Hon Martin Amaewhule had dragged the Central Bank of Nigeria (CBN) before the court praying for withholding of fund allocation to the Rivers state local governments.
Rivers state government objected to hearing of the suit in Abuja but was turned down by the court, prompting the state government to approach the Court of Appeal to intervene in the matter.
The state government filed an appeal marked CA/ABJ/CV/1197/2024 and filed a motion seeking the Federal High Court to stay proceedings until its appeal is determined.
However, after taking arguments from the counsel of the State government and Joseph Daudu, for the two plaintiffs, Justice Joyce Abdulmalik dismissed the request to stop proceedings on the ground it was unmeritorious and mischievous.
