By Mumini AbdulKareem
Justice Abiodun Adebara of the Kwara State High court sitting in Ilorin, the state capital has dismissed the application by claimants to the disputed Ile-Arugbo, Asa Investments Ltd, asking him to recuse himself from the case and return it to the state Chief Judge, Sulyman Durosinlohun Kawu for reassignment.
The claimants had in January this year, taken the state government to court after the latter reclaimed the land allegedly unlawfully taken over by Asa Investments Ltd without any right of occupancy or payment to the owner, the state government.
Claimants lead counsel, Akin Onigbinde (SAN) had also urged the presiding judge in the matter Justice Abiodun Adebara to withdraw from the case alleging bias and impartiality.
Onigbinde said: โIt is not an application against the person of the honourable court. The concern is what ordinary members of the public will feel in this circumstance. There is no ruling yet. We give the court the freedom/latitude to decide according to its discretion.โ
In his about two hours ruling on the matter Wednesday December 23, 2020, Justice Adebara said that โallegation against a judge is a very serious and grievous one. A case of impartiality should not be made against a judge unless there is sufficient ground to do so.
โThe allegation of a likely bias against this court is misplaced vague and suspicious. I therefore that the allegation lacks merit and it is accordingly dismissed.โ
The case was adjourned to February 1 and 2, 2021 for hearing and both defendants and claimants were asked to ensure all the witnesses are in court.
Speaking with the newsmen shortly after, counsel to Asa Investment Ltd represented by Bar AbdulAziz Ibrahim said the ruling for application which was dismissed by the court said he had to first brief the lead counsel, Onigbinde (SAN) who was absent in court before any decision on whether to appeal the ruling or not can be concluded.
He said he was not however surprise of the decision of the court to recues itself from the case adding that โLawyers donโt engage in act of surprise because when you are asking the court to exercise discretion, it either way and so we are not surpriseโ.
