The suit by the Caretaker Committee (CTC) chairman of Obio/Akpor Local Government Area(LGA), of Rivers state, Chikordi Dike, over the blockade of the council premises yesterday suffered a setback.
The matter fixed for motion on notice could not go on following the withdrawal of Justice Nganjiwa from the case.
The judge disqualified himself after being accused of ‘already forming a decision’ against them by the defendants.
The CTC chair had sued the Attorney-General of the Federation (AGF), the Inspector-General of Police (IGP), the Commissioner of Police (CP) and others over the blockade at the council premises.
The Judge expressed his decision to return the case file to the administrative judge for re-assignment.
In an application for a re-assignment by the defence Lawyer Donald C. DENwigwe, (SAN) supported by a motion, the defence accused the judge of being bias in his earlier ruling on the joiner motion by the Peoples Democratic Party (PDP) to the case.
DENwigwe said the defendants had declared the Judge Functtuf Officio and as a result he was no longer relevant in their case.
DENwigwe said “we earlier wrote a letter to the Judge asking him to disqualify himself from the case.
“The reason being that he has already drawn a conclusion against us (the defence), when he threw out the motion filed by the People Democratic Party (PDP), to join in the case he used our grounds of defence against us.
“Having already drawn conclusion against our defence, there is nothing again left for him to hear about us, hence he has become functuf officio, and can no longer hear our matter unbiased.
Asked if they would recall the already dismissed case (PDP joiner motion), before the new Judge he said no.”
At the sitting yesterday, the Judge after taking appearances from the parties wrote and declared “this matter was slated for hearing Tuesday, but I’m aware that the defendants have filed petitions asking that the matter be re-assigned to another court; in view of this, there is no need for me to continue with the matter.
“I therefore withdraw from further hearing of the case. I will return the case file to the Administrative Judge for re-assignment.”
The House of Assembly on April 22 suspended Chairman of the council Timothy Nsirim, his deputy and 17 councillors on alleged financial recklessness.
They were replaced the following day by a Seven-man CTC led by Dike. The development created tension in the area, resulting in the takeover of the premises by the Police, on May 3.
The CTC group approached the court for intervention, asking that the Police be ordered out of the premises to allow them and workers of the council access to their offices, to enable them pay workers’ salaries for the April and May.
Dike told the court that the Police presence at the council gate was illegal and should be ordered out.
The Court urged the applicant to put the AGF and the Police on notice. At the next sitting the defendants appeared in court defending their actions as right, insisting that they were securing government property.
Represented by DENwigwe, AGF, Police challenged the jurisdiction of a Federal High court in a state matter.
The ousted chairman Nsirim filed an application for joiner, saying that his was relevant to the suit, being the rightful elected chairman of the council. His application was dismissed by the court.
The court later ordered the police to vacate their barricade at the premises to allow movement of genuine persons including workers and CTC members access to carry out their legitimate functions at the premises.
Shortly after police pulled out their men from the premises, tension returned leading to the burning of the council generation house, by suspected youths loyal to Nsirim. The Police repossessed the premises and have been there as at press time.
Cases related on the Obio/Akpor issues are scattered in both the Federal and State High courts.
The matter to be re-assigned was however not adjourned to any date.
