Comments welcome from lawyers and learned members of the forum: when does a prosecuting lawyer demand the removal of a judge because he doesn't agree with the judge's decision?

[size=28pt]Akingbola: EFCC petitions FHC over judge’s conduct [/size]
By Kemi Obasola
Friday, 20 May 2011

The Economic and Financial Crimes Commission has petitioned the Acting Chief Judge of the Federal High Court, Justice Ibrahim Auta, saying it has “strong objection” to the conduct of Justice Efang Archibong.

The President of the Nigerian Bar Association, Mr. Joseph Daudu, has also petitioned Justice Auta, on “the conduct of Justice Archibong.”

Daudu, who is a lawyer to the EFCC, had on Wednesday walked out on Justice Archibong in protest of a ruling dismissing the application for stay of proceedings in the fundamental human rights suit instituted by former Managing Director and Chief Executive Officer of Intercontinental Bank Plc, Dr. Erastus Akingbola, against the antigraft commission.


The EFCC, in a petition dated May 19, 2011 and signed by its Chairman, Mrs Farida Waziri, said it strongly disagreed with the conduct of the judge as it relates to matters the commission was prosecuting in connection with former bank chiefs.


The EFCC said, “The climax of Justice Archibong’s undue interests and bias in favour of the bank chiefs in proceedings before the court was graphically demonstrated on May 18, 2011 in one of the related matters led by Daudu.


The commission noted that in view of the judge’s “manifest and unconcealed interests in the Akingbola case and other EFCC matters, his compromised stance cannot ensure justice in the matters.


“The anti climax of his undue interests and manifest bias in favour of the bank chiefs in proceedings before the court was graphically demonstrated on May 18, 2011 in one of the related matters where our lead counsel, J B Dauda SAN, led. The facts are already before you vide a petition and we will not bore you by repeating them. For the records, however, we attach a copy for ease of reference.


“The above mentioned matter is still before Archibong and will be coming up on May 20, 2011. In view of his manifest and unconcealed interests in Akingbola and obviously other EFCC matters, we regret to say that his compromised stance cannot ensure justice in these matters. On the contrary, his continued participation in these matters will bring the administration of justice to doubt.

“The commission humbly and respectfully kindly request that Archibong, having in the pass held the EFCC in contempt excuse himself from all EFCC matters or be excused.”

http://www.nigeriamasterweb.com/paperfrmes.html

A lawyer may request a judge to excuse himself where he believes the judge may not exhibit impartiality in d case. However such a lawyer must show verifiable evidence as to the judges likelihood of bias. In this case no concrete evidence was made out against d judge. The lawyers were clearly incompetent. Their delay offends the accused's right under the constitution. Stay of proceedings cannot be granted in a fundamental right matter & it will be silly to apply for it. Taking a whole year to apply for change of a judge shows incompetence. Amending charges shows they did a bad job from the word go. I think d efcc made a mistake by hiring 5 sans to handle only one case. In any case these sans are always like dat. U need to see some of them in court always veering off point & wasting everybody's time