The judge handling the trial of former Benue State Governor Gabriel Suswam and the state’s ex-Finance Commissioner, Okpanachi Oklobia, Justice Ahmed Mohammed yesterday withdrew from the case.
Justice Mohammed withdrew from the case, citing a publication in an online media – Sahara Reporters, which he said cast him in bad light.
Suswam and Oklobia are being tried before Justice Mohammed of the Federal High Court, Abuja for allegedly diverting about N3.111billion, proceeding of the sales of Benue State’s shares in some companies.
At the last hearing date in the case, prosecution lawyer Rotimi Jacobs (SAN) expressed concern that one of his witnesses had been tampered with.
Jacobs was concerned about the sudden change of testimony by a prosecution witness, Abubakar Umar, who contradicted his earlier statement to the Economic and Financial Crimes Commission (EFCC).
Upon request by Jacobs for time to enable him put his house in order, Justice Mohammed adjourned to June 6.
When parties got to court yesterday, Justice Mohammed drew their attention to the publication on Sahara Reporters and sought the reaction of lawyers in the case.
Jacobs and defence lawyers, including Joseph Daudu (SAN), urged the judge not to be bothered by a publication by an online media without a fixed address in the country.
They urged the judge to proceed with the case as his withdrawal would not be in the interest of parties since proceedings had gone far, with the prosecution calling four witnesses.
In a ruling, Justice Mohammed said although he would have ignored the publication, because it was becoming a trend for people to malign judges in the media, it would be wrong for him to continue with the case when his integrity had been questioned.
He said should he continue with the case in spite of the publication, the reasonable man on the street would say the report was true, if at the end of the day Suswam was acquitted. He added that the same reasonable man would say he had been intimidated by the report if the defendant was acquitted.
“It is true that the publication ought not to be taken seriously because it is the trend these days to accuse a judge handling a matter of all sorts of wrongdoings. It has happened to eminent Justices of the Court of Appeal and the Supreme. But the personality of Justice Ahmed Mohammed at this level is inconsequential,” the judge said.
He said though he agreed that substantial progress had been made in the case, “it is still the case of the prosecution that is being done”.
“The allegation has affected the integrity of the Federal High Court. The honest view is that it is better for me to remit this case to the Chief Judge and allow the case to be re-assigned to another judge of the Federal High Court,” Justice Mohammed said.
With the judge’s decision, the case will have to start afresh before a new judge.