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Bankole Seeks Judge’s Disqualification From Melaye, Others’ Suit - Politics - Nairaland

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Bankole Seeks Judge’s Disqualification From Melaye, Others’ Suit by chyz(m): 11:47am On Jul 20, 2010
[size=18pt]Bankole seeks judge’s disqualification from Melaye, others’ suit[/size]
Tuesday, 20 July 2010 01:16 Kunle Olasanmi



House of Representatives Speaker Dimeji Bankole yesterday told a Federal High Court, presided over by Justice Ibrahim Auta, to disqualify himself from entertaining and determining the suit brought before him by fellow lawmakers, Dino Melaye and five others, who were suspended by Bankole’s leadership.

Melayo and others, who were suspended over last June 22 fracas in the House, dragged the Speaker and the Clerk of the House to court, claiming that their suspension was illegal.

Bankole, who spoke through his lead counsel, Chief Wole Olanipekun (SAN), alleged that the trial judge made a detrimental pronouncement on the merits of the case against him without first hearing from him.

“We strongly believe that the presiding judge, having made a categorical pronouncement on the merits of the case, is disqualified from adjudicating on it any further and/or should disqualify himself forthwith,” Bankole declared in a letter signed by Olanipekun dated July 12, this year, and addressed to the Chief Judge (CJ) of the Federal High Court, Justice Dan Abutu.

He asked the CJ to reassign the case to another judge for determination.

But counsel to the suspended lawmakers, Mr. Femi Falana, told the court that he had received 12 different processes since the last adjourned date and two of the processes were motions asking the trial judge to disqualify self.

Falana added that the defendants alluded to the comment made by the trial judge at the last adjourned date that the matter was of national importance and needs to be given accelerated hearing as some sections of the Nigerians have been shot out of the activities of the House due to the suspension of their representatives.

Justice Auta, who was visibly angry with the defendants’ approach to the matter by asking him to disqualify himself, added that the CJ had not reacted to the letter, but would settle the matter in the chambers.

He, however, pointed out that the letter did not indict him of bias, but stressed: “In view of the prevailing circumstances, the matter had to be thrown back to the CJ for re-assignment”.

The House of Representatives had, at the last adjourned date, said that the court had no jurisdiction to entertain the suit on the ground that it was an internal affair and not a matter for litigation.

The lawmakers want the court to declare their suspension illegal and unconstitutional, saying it was done in variance to the Constitution and in violation of their fundamental rights to fair hearing and the right to freedom of expression.


http://www.compassnewspaper.com/NG/index.php?option=com_content&view=article&id=63709:bankole-seeks-judges-disqualification-from-melaye-others-suit-&catid=43:news&Itemid=799
Re: Bankole Seeks Judge’s Disqualification From Melaye, Others’ Suit by chyz(m): 11:57am On Jul 20, 2010
These suits never get anywhere!
Re: Bankole Seeks Judge’s Disqualification From Melaye, Others’ Suit by redsun(m): 11:59am On Jul 20, 2010
All these hype from guilty bankole after he had met the grandmaster of the underworld,obasanjo.

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