- Evans lawyer wrote a petition asking that his trial be moved to another judge
- The lawyer accused the judge of bias against him
- He also raised some concern about incidents that have happened so far necessitating the call for a transfer
Chukwudumeme Onwuamadike popularly known as Evans has petitioned the Chief Judge of Lagos asking for his trial be transferred to another judge. Evans through his lawyer, Olukoya Ogungbeje, accused the judge of bias.
Premium Times reports that in the petition dated April 18, the lawyer complained that the judge was not fair towards his client.
The petition read: “We do not in any way doubt the judicial capacity and ability of Hon Justice O.A Taiwo as one of the finest judges of our time. His lordship remains our ‘Mother in Law.’ However, from the facts and circumstances of the case, we doubt the ability of his Lordship to dispense justice without fear or favour.
“During the reshuffling it was stated that judges could only take along with them ‘Part heard’ cases while cases where trial had not begun would be inherited by the incoming judges.
“For the avoidance of doubt, as at then trial had not begun but his Lordship Hon Justice O.A Taiwo took the case files to the Ikeja Division where his Lordship was posted. This undoubtedly raised a flagship of caution in the mind of our client who complained to us but we downplayed our client complaint as a mere irregularity whatever the interest involved.
“During a hearing of the case on March 14, the prosecution suddenly wanted to tender a document titled ‘Certificate of Identification’ dated November 15, 2017, that was not front-loaded as part of the proof of evidence before the court.
“As a matter of fact, we were not served with the said document and his Lordship Hon O.A Taiwo also sighted the said document for the first time on the said 14th of March 2018.
“We duly objected to the tendering of the said document and requested for an opportunity and time circumscribed in an adjournment in this regard to enable us have the benefit of perusal of looking at the document properly and form a legal opinion whether to object to the admissibility of the document or not.
“Surprisingly, his Lordship brushed aside our request and admitted the said document. My Lord would agree with us with the greatest respect and humility that the circumstances outlined above are capable of raising a flagship of caution and confidence premised on fair trial in the mind of our client or the mind of any reasonable member of the society.”
NAIJ.com had reported that Olukoya Ogungbeje, the counsel to Evans, wrote to the chief judge, appealing that the case be transferred from Justice Oluwatoyin Taiwo to another judge.
Ogungbeje remarked that in December 2017, when judges in the judicial division were reshuffled, the chief judge had ordered that only cases that had been partly heard should be taken by the judges to their new assignment.
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