Why Suswam wants his case transferred to another Judge

Some senior lawyers in the nation’s justice system have advanced reasons why Senator Gabriel Suswam, a former governor of Benue state who is currently representing Katsina-Ala/Ukum/Logo Federal Constituency in the national assembly is desperate to have his case returned to Justice Ahmed Mohammed of the Federal High Court in Abuja.

The senior lawyers who spoke separately during an exclusive interview with our correspondent said that the ex-governor was not comfortable with the quick pace at which Justice Okon Abang was presiding over the suit.

A Senior Advocate of Nigeria (SAN), Mr. Ikechukwu Chike, advised the former governor not to panic but should remain calm and allow the law to take its course.

Suswam who piloted the affairs of Benue state from 2007 to 2015,‎ is answering to a nine-count money laundering charge alongside his erstwhile Commissioner for Finance, Mr Omodachi Okolobia.

The Economic and Financial Crimes Commission, (EFCC), alleged that the duo looted over N3.1 billion, being proceeds of shares owned by the Benue State government and Benue Investment and Property Company Ltd.

The appellate court, in a unanimous judgment by a three-man panel of Justices, ordered that the defendants’ case-file be returned to Justice Ahmed Mohammed of the high court who had made appreciable progress before the matter was transferred to Justice Abang.

Reacting to the judgment, Chike said that the judgment of the court of appeal was misleading.

According to him, the bribery allegations against Justice Mohammed were weighty enough for him to recuse himself from the trial.

He said, “The court of Appeal being a superior court to the high court should always try as much as possible to show leading example in their verdicts.

“If you read the judgment, they commended Justice Abang for his speed and efficiency and in another breath, blame the CJ for reassigning the case. Is that not confusing?

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“It is suspicious that Suswam is more comfortable with Justice Mohammed handling the case even after the very weighty bribery allegations against him.

‘’It is obvious that he was very okay with the slow speed by which Justice Mohammed was handling the case and want the matter to go back so that it will drag on for a long time. For how long are we going to continue to do things in this careless manner?” Chike queried.

Another senior lawyer who would not want his name to be mention condemned the desperate moves by Suswam to ensure that Justice Mohammed handles his case.

He also called on security agencies to as a matter of urgency launch an investigation into the bribery allegations between Justice Mohammed and Suswam.

‘’The unfolding events in this trial is giving some of us reason to believe that there are some elements of truth in the bribery allegations between the judge and Suswam.

‘’I am calling on security agencies to immediately launch an investigation into the matter,” he said.

On his part, Abuja based lawyer, Mr. Victor Oziegbe who shared a contrary view said that Suswam’s application to transfer the case was within his constitutional right as enshrined in Section 241, 242 and 243 of the Constitution.

He said, “The appellate Court commended the Federal high Justices for their diligence, in handling the matter.

“However, it ordered that the trial shall continue before Justice A.R. Mohammed, having taken four witnesses and also found that the allegation against him was baseless, which was the reason he recused himself from the matter.

“The ruling of the appellate Court is the law and the court below shall obey as provided in Section 287(2) of the Constitution, which says, “The decision of the Court of Appeals shall be enforced and binding on all authorities, persons and courts of subordinate jurisdiction to that of the Court of Appeal.

“In conclusion, the ruling is actually to strengthen the path of justice and protect the institution of the judiciary.

“It is important to sound it louder than before, that the citizens have the legal and moral rights as enshrined in Section 24 of our Constitution to believe and support the Judiciary in achieving justice and peaceful coexistence.”

It would be recalled that Justice Mohammed, before whom the trial started in 2015, voluntarily withdrew from the case last year after the prosecution had called four witnesses.

The judge cited publications in Sahara Reporters, alleging that he had been compromised by the defence.

Following Justice Mohammed’s withdrawal, the court’s Chief Judge reassigned the matter to another judge, Justice Okon Abang, a decision Suswam objected to and challenged at the Court of Appeal, Abuja.

It was on that basis the February 19 verdict was delivered.