Justice Okon Abang of the Federal High Court sitting in Abuja, on Friday, maintained that he must lord over the trial of the National Publicity Secretary of the Peoples Democratic Party, Olisa Metuh.
The PDP spokesperson had alleged that himself and Abang were classmates in Law School, and further stressed that they had a frosty relationship, which will ultimately affect his trial.
Abang held that Metuh had failed to credibly establish his allegation that the court was biased towards him.
“I am of the view that there are no facts or evidence disclosed by the applicant in support of the allegation that this court as constituted is biased. The applicant initially wrote a petition to the Chief Judge.”
“The said petition was forwarded to this court for my response. I responded and the CJ in a letter dated March 24, said he was satisfied with the explanation of the Court.”
“Having held that the 1st defendant has not disclosed facts that shows that the court is biased, it is my view that this application lacks merit, it is an abuse of court process and it is accordingly dismissed.”
Meanwhile, the court dismissed Metuh’s plea for a stay of proceeding on his trial pending the outcome of an appeal he lodged before the Abuja Division of the Court of Appeal.
Justice Abang said he would have granted Metuh’s request and adjourned hearing on the case, assuming the case was a civil dispute.
He said: “But this is a criminal matter. Under section 306 of the ACJA, no application for stay of proceeding in respect of criminal matter shall be entertained. Moreover, there is no order from the Court of Appeal for this court to stay its proceeding.”
“Therefore, the application filed by the defendant for an adjournment pending hearing of his appeal cannot frustrate the proceeding before this court from going on today (yesterday).”
“Granting of application for adjournment is at the discretion of the court and such exercise of discretion must point to nothing but Justice of the case.”
Subsequently, Justice Abang ordered Metuh to immediately open his defence to the charge against him.
Culled from Ynaija
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