By  ABDULWAHAB ABDULAH
LAGOS—Former President of West Africa Bar Association, WABA, Mr. Femi Falana, has requested a Lagos State High Court Judge, Justice E.A. Adebajo, to disqualify himself from presiding over a criminal trial involving one of  his clients on ground of alleged bias.

In a Motion on Notice filed by Falana, he  asked  the judge, who is presiding over the case filed against his client, Sunday Akinyemi, by the  Economic and Financial Crimes Commission,EFCC, to hands off the case. Akinyemi was accused of stealing funds belonging to Gulf Coast Marine Nigeria Limited, a company owned by him (Akinyemi).

The action, brought pursuant to Section 36 of the 1999 Constitution, prayed the court for an order asking “Justice E.A. Adebajo to disqualify himself from further hearing this matter in any manner whatsoever and howsoever on the grounds of actual bias.”

The Motion on Notice was supported by 43- paragraph affidavit deposed to by  Falana, who accused the judge of bias, in his dealings and utterances over the matter.

According to him, the court has demonstrated its bias in several ways, including making comment affecting him as counsel to a client who requested for bail based on his state of health, which the court refused, especially when the sickness, the court was aware was terminal in nature.

Arguing on why he secured a Federal Court order allowing his client to travel abroad for medical treatment, especially when he was remanded by the Judge. Falana averred that the decision was based on the proceedings in the state high court which initially allowed the man to seek medical treatment but opposed by the prosecution counsel, Mr. Rotimi Oyedepo.

He  stated that the order allowing the first defendant to travel by the court to the United Kingdom for the treatment of cancer of the colon diagnosed by the medical board appointed by the court was frustrated by his lordship.

He also alleged that the Judge had complained bitterly in open court that the first defendant, who is his client, had written several petitions against him which instigated the prosecution counsel to raise allegation of contempt of court against him, which the court made pronouncements that found him guilty of contempt and had stated that he should be reported for professional misconduct.

Falana also accused Justice Adebajo of constituting his court into an appellate court over the Federal High Court on account of the order it made for the enforcement of his clients right to life, while  he also instigated the prosecution counsel to bring an application for contempt against the Comptroller – General of prisons, who released the accused person based on court order.

He added that “in reaction to the statements made by the court, I stated that the court’s statements suggested imputations of guilt to which his Lordship stated they were “prima facie comments.”