Justice Nganjiwa is facing a $260,000 and N8.65 million (totalling about N81,705,000) corruption charge, brought against him by the Economic and Financial Crimes Commission (EFCC) before Justice Adedayo Akintoye of Igbosere High Court
The embattled Judge also sought a court order dismissing the charge which he said constitutes double jeopardy against him.
At resumed proceedings on Monday, Nganjiwa through his counsel, Chief Robert Clarke (SAN), accused the trial judge of bias in favour of the prosecution.
His counsel, Chief Clarke told the court that he has written a letter dated November 10, 2017, to the Administrative Judge seeking transfer of the matter to another judge.
He said he has also filed an application objecting to trial of his client before the Judge.
The EFCC Prosecutor, Wahab Shittu, however, said he was not aware of the defendant’s application and was subsequently served in the court.
“The trial judge is presiding over the charge number LD/2544/16, FRN v Rickey Mustapha Tarfa and the counts, facts of the charge against my client are substantially similar to the counts/facts of the charge against Ricky Mustapha Tarfa.
“In essence, my Lord, I am of the view that opinion formed by the learned trial judge as regards charge LD/2544/16 will invariably lead to the same opinion in the information against my client.
“My Lord, as it stands, a fair trial in the eye of a reasonable man is likely to be tainted as it is likely of bias,” Chief Clarke said.
Clarke maintained that there is a presumption of bias by the trial judge in favour of the prosecution.
“Our main request is for this court to return the case file to the Chief Judge for purposes of re-assignment to another judge”, he said.
In his response, EFCC prosecutor, Shittu described the application as an attempt to frustrate trial.
He said the application was also contentious and should not be allowed.
Shittu reminded the court of past attempts by the defence to stall trial.
“Your lordship, you cannot stay proceedings in a criminal matter.
“The applicant is imputing bias merely on speculative conclusions that a case is pending before your lordship”, Shittu argued.
“The defence has not shown that your lordship has a particular interest in the matter and that your lordship has no relation with the defendant.
“Your lordship has not exhibited any partisanship. The court is only exercising judicial powers in relation to the matter.
“It is speculative to say that the judge should handoff. The circumstances are different. The particulars are different.
“There is no ground for the application from all parameters. So this application is premature. Anybody alleging bias must provide all the particular,” he maintained.
Justice Akintoye has reserved ruling in the matter till November 22.
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