Justice Affen disqualifies self from hearing case against 2 journalists
(Nigeria) Justice Peter Affen of Abuja High Court has disqualified
himself from hearing the case against two journalists accused of publishing
story from a letter allegedly signed by President Goodluck Jonathan.
Tony Amokeodo and Chibuzo Ukaibe, along with Leadership
Group Limited, publishers of Leadership newspaper, are standing trial in the
matter.
Affen said his decision stemmed from two publications in the
November 25 editions of the Leadership and the Nation newspapers.
Counsel to the accused persons had filed an oral application
seeking that the judge disqualify himself from handling the matter in view of
the issues raised in the publications.
``I must place on record my profound gratitude to counsel
for seeking to protect not only my integrity, but the integrity of the
judiciary. It is correct that justice is
rooted in confidence, and justice must not only be said to have been done, but
must be manifestly seen to have been done.
``The implication of the publications are far too damaging
for me to ignore. I will in the interest of justice, return this case file to
the Honourable Chief Judge, for re-assignment to a judge that is not from
Bayelsa State.
``The two publications claimed justice would not be served
on the grounds that I come from Bayelsa state, the home state of the President.
The issues raised are so weighty because it is true that I am from the same
state as the President.
``More worrisome is the fact that the publications have
discredited my ability to dispense justice in the matter. In view of his, and
because the President is party in the suit, I shall have no moral justification
to continue with the case. he development is unfortunate, but I view it as one
of the hazards of a judicial officer.
``I shall forthwith
remit the case file, to enable the Chief Judge re-assign same to a judge that
is not from Bayelsa state,’’ counsel said.
The case had previously gone through two other judges but
was re-assigned on account of inherent controversies.
The prosecutor, said that he was not aware of how the
publications emanated.
``I saw the publication for the first time this morning, but
I saw similar publication in the Nation newspaper yesterday. It is my
submission that the publication is objectionable and unfair.
``The prosecution knew nothing about the publication but its
effect is enormous; so we shall not be opposing an attempt to remit the case
file back for re-assignment,’ prosecution said.
Earlier, defence counsel, who moved the application, said
``I was also flabbergasted when my attention was drawn to the Nation
publication of yesterday.
``I hold your lordship in unimpeachable integrity. From my
investigation, your lordship did not ask for the case. I thought the prosecutor asked for the
transfer and he too thought I did, but neither of us did.
``Having regard to the possible effect to the integrity and
independence of the judiciary, your lordship may consider sending back the case
file to the chief judge. This humble application is anchored on the need to
preserve your lordship's personal integrity and that of the bench’’, he said.
The accused persons had allegedly published a story which
suggested that Jonathan officially wrote to INEC to bar the registration of All
Progressive Congress, APC, as a political party.
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