Lagos fiery lawyer and President of the West Africa Bar Association (WABA), Mr. Femi Falana, on Thursday, in Abuja, caused a stir in court when he told the Chief Judge of the Federal High Court, Justice Dan Abutu to disqualify himself from the suit challenging the failure of President Umaru Musa Yar’Adua to hand over power to Vice President, Goodluck Jonathan, before travelling for his medical treatment in Saudi Arabia.
Falana, who feared a likelihood of bias on the part of the trial Judge asked him to assign the case to another Judge of the court for expeditious trial.

It was his contention that having carefully studied the judgment of the court in the case instituted by an Abuja based legal practitioner, Christopher Onwuekwe, with regard to the reliefs contained in the originating summons and the allusions made by the Judge to his own case, he is convinced that there was likelihood of bias on the part of the judge in his own case.

Justice Abutu, in a short ruling, transferred the case to Justice Adamu Bello with a directive to hear it expressly, saying that he carefully listened to Falana’s submission and came to the conclusion that another judge should try the case.
Earlier, Falana had begged the court not to consider his request as an attempt to cast aspersion on the personality of the judge nor impugn on the integrity of the court, as he had tremendous respect for the court and would not do anything to erode the credibility of the court and the judge.

Falana posited that since the Presiding Judge had alluded, by his order and his utterances in court, on those issues he filed before the court as to whether it was right for the President not to transmit power through a letter to the National Assembly; he would prefer that another judge handled his case.
Justice Abutu, had in the judgment alluded to ordered Vice President Goodluck Jonathan to start exercising the powers and functions of President Yar’Adua, pending his return from oversea treatment.
Meanwhile, the court has fixed Tuesday next week to hear the case brought by the Nigeria Bar Association (NBA) over the refusal of President Yar’Adua to transmit power to the Vice President.

This came as a lawyer in another sister case; Mr. Bamidele Aturu, commended the Chief Judge for delivering what he called “the speediest judgment in the history of judiciary all over the world.”
Earlier in a sister case, Barrister Bamidele Aturu demanded a quick trial and delivery of judgment as done in a case that was less than a week in court, adding that a sauce for the goose is also good for the gander.
He sarcastically alluded to the fact that a case filed and adjourned for mention by the parties had judgment delivered on it, stressing that it would go down the record as the most speedily delivered judgment in the world.

He said that the judgment in question had also helped his client’s case on the issue of locus standi and that the preliminary objection raised by the AGF should be discountenanced since it was clear from Wednesday’s ruling that a concerned citizen, as done by one Christopher Onwuekwe, can approach the court for interpretation of sections of the law.
Talking on the main issues before the court, Aturu invited the court to look at the provisions of sections 144 and 146 of the Constitution of the Federal Republic of Nigeria, 1999 to know the circumstances of the absence of President Umar Yar’Adua and decide whether is capable of discharging the duties of his office.

He urged the court to look into section 148 (2) of the constitution on the veracity of the President having regular meeting with his vice and other ministers and that he cannot effectively do outside the country by the reason of his ill-health and should have sent in his letter to the assembly.
“I submit therefore that looking at the public Service Rules, there are circumstances for this court to conclude that the President is incapable of discharging the functions.

http://www.sunnewsonline.com/webpages/features/newsonthehour/2010/jan/15/newsbreak-15-01-2010-001.htm