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Ailing former governor of Enugu State and serving senator, Dr. Chimaroke Nnamani, has asked the chief judge of the Federal High Court to transfer the case filed against him by the Economic and Financial Crimes Commission (EFCC) from the Federal High Court 10, Lagos to another court.
Ailing former governor of Enugu State and serving senator, Dr. Chimaroke Nnamani, has asked the chief judge of the Federal High Court to transfer the case filed against him by the Economic and Financial Crimes Commission (EFCC) from the Federal High Court 10, Lagos to another court.
He said that the transfer of the case becomes necessary because he does not expect the judge of Federal High Court 10, Lagos, Justice M. L. Shuaibu, to give him fair hearing.
In a letter to the Chief Judge of the Federal High Court, Justice Roseline U. Ukeje, entitled: "Application for Transfer of Charge No. FHC/230c/Federal Republic of Nigeria Vs Senator Chimaroke Nnamani from the Court of Hon Justice M. L. Shuaibu" and dated July 17, 2007, Senator Nnamani said that Justice Shuaibu is handling a case involving some former commissioners in his administration in Enugu, and has shown bias in the matter.
He accused the judge of taking instructions from the EFCC, adding: "Justice Shuaibu works hand in hand with the prosecution lawyers, meets and rubs minds with them regularly, even in his office."
The senator, who is facing a 34-count charge involving corruption and money laundering to the tune of N5 billion, said former commissioners in his government, who are facing trial in Justice Shuaibu's court, had lost confidence in the judge and therefore wrote a petition to the National Judicial Council. He said that the petition written by the former commissioners and "other extraneous reasons" would make Justice Shuaibu to be hostile to him.
He wondered why he was charged to court in Lagos, while cases involving other former governors are being tried in the Federal Capital Territory, Abuja. He said that since he has no confidence in the fairness of Justice Shuaibu, his case should be assigned to another judge in the Federal High Court.
Senator Nnamani's letter to Justice Ukeje reads: "I wish to humbly apply for the transfer of the above case, which I understand has been taken up by Hon Justice Shuaibu of the Federal High Court 10, Lagos.
"I have objection to my case being tried by the same judge who is trying Charge No. FHC.L/9/2007, Federal Republic of Nigeria Vs Peter Mbah and Others, a matter involving my former commissioners, with my name featuring prominently on the charge, because of the clear position already taken by the judge, which will adversely affect the fairness of my trial in the new case if handled by him.
"I have it on good authority, my Lord, that Hon Justice Shuaibu has been unabashedly biased in the prosecution of the aforementioned case, from the very first day he began hearing the case, and takes glaring instructions from the Economic and Financial Crimes Commission (EFCC). The judge's pronouncement in and out of court on the Enugu officials suggest he is in collusion with the commission, with an intention to thwart and railroad the course of justice. Indeed, there are several utterances in court, said to have been made by the honourable judge that indicates his patent bias and readiness to jail the accused persons.
"From the evidence pieced together by the accused, Justice Shuaibu works hand in hand with the prosecution lawyers, meets and rubs minds with them regularly, even in his office. Nowhere in the world is a judge that is supposed to be impartial allowed to meet with a party to a matter alone without the other being present, more particularly in criminal proceedings.
"My Lord will recall that a more detailed petition had earlier been submitted to the National Judicial Commission by the earlier mentioned former commissioners over the scary character of Justice Shuaibu's own perception of justice. I am convinced beyond reasonable doubt that I can never get justice under Justice Shuaibu and I plead that my Lord grants this transfer.
"Not only would the petitions sent to the National Judicial Council against Justice Shuaibu have generated a natural grouse against former Enugu State officials in the honourable judge's mind, as earlier stated, I am convinced that extraneous reasons, aside legal reasons, propel the judge in his discharge of judicial functions in the Enugu matter.
"I anticipate an atmosphere of hostility in the honourable judge's court and consequently, a high probability of bias and miscarriage of justice. My Lord will recollect that the accused former Enugu commissioners are still languishing in detention for over six months in a matter which the maximum punishment for it, upon conviction, I understand, is three years.
"Additionally, it is curious and deeply worrisome, that while my former colleague governors are being tried in Abuja, even when their states have matters in other jurisdictions, including Lagos, I am being singled out for decimation before a publicly hostile judge, such as Justice Shuaibu.
"Since there are numerous other judges in the Federal High Court system, I request that my matter be assigned to another judge.
"Besides, as layman in this field, I would have thought that since there are Federal High Courts in Enugu handling matter that occur in that area, this matter should not be an exception.
"I appeal for your prompt intervention, as everyone, including us being tried, need to have confidence in the system trying us."
Meanwhile, the former governor is still receiving treatment at the National Hospital, in Abuja. He has been barred from receiving visitors or making phone call even as armed operatives of the EFCC guard his hospital ward.