From Eric Ikhilae, Abuja
The Court of Appeal in Abuja has faulted the transfer of alleged N3.1 billion fraud trial of former Benue State Governor Gabriel Suswam to another judge of the Federal High Court in Abuja.
Suswam, now a senator, was being tried with former Finance Commissioner Omadachi Oklobia before Justice Ahmed Mohammed of the Federal High Court until the judge withdrew.
The judge cited a disparaging publication in an online platform, Sahara Reporters, for his action.
After Justice Mohammed withdrew from the case, the court’s Chief Judge re-assigned it to another judge, Justice Okon Abang, a decision Suswam opposed and went to the Court of Appeal.
Suswam and Oklobia are, in the case being prosecuted by the Economic and Financial Crimes Commission (EFCC), accused of, among others, diverting state’s funds estimated at N3.1 billion, which were part of proceeds from the sale of Benue State’s investments.
In a verdict yesterday, a three-member panel of the Court of Appeal in Abuja upheld Suswam’s appeal on the ground that Justice Mohammed was wrong to have rescued himself from the trial on account of fear, when all the parties had expressed confidence in him.
The court hailed Justice Abang for his diligent handling of the matter since it was re-assigned to him but ordered that it should be returned to Justice Mohammed to continue the trial from where he stopped and to give the case accelerated hearing.
The Appeal Court also upheld the current proceedings before Justice Abang, in which the prosecution had called four witnesses.
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But it said the decision to return the case to Justice Mohammed was to correct the error by the Chief Judge of the Federal High Court, who re-assigned it to him (Justice Abang).
Justice Emmanuel Agim, in the lead judgment, said the court’s position was to strengthen the cause of justice and protect the Judiciary.
He added that Justice Mohammed’s withdrawal from the case, which was done in his chambers and not in open court was a violation of the right to fair hearing of the defendants.
“Every part of the proceedings should be done in open court, not in secret or chambers.
“The reasons he gave were not tenable since all the parties had expressed confidence in him.
“Moreso, since himself adjudged the allegations as baseless, he should have summoned courage to proceed with the case.
“A judex is supposed to determine cases before them without fear and favour. The conduct of Justice Mohammed was very intriguing as judges’ fear is not a consideration in determining issues of partiality or impartiality of the court.
“We have taken this decision to correct the error of the Chief Judge. Moreso, Justice Mohammed had called four witnesses. If the case will go back to him, the prosecution will proceed with the fifth witness. It is for that reason we have to allow this appeal.
“It is hereby ordered that the trial of the case should go back to Justice A. R. Mohammed for continuation in an accelerated manner since all the parties have expressed confidence in him,” Justice Agim said.
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