A judge, Justice Adedayo Akintoye of the Lagos State High Court sitting in Igbosere on Wednesday withdrew herself from the case of a fellow judge, Justice Hyeladzira Nganjiwa, who was charged by the Economic and Financial Crimes Commission of unlawfully enriching himself of $260,000 and N8,650,000 million.
Justice Akintoye decided to withdraw from the case after Justice Nganjiwa, asked that his case be transferred to another judge.
Justice Nganjiwa in the petition had expressed fear that the judge would be biased against him.
“In view of the letter written by the defendant to the administrative judge, the file of this case is no longer with me; this case has been transferred to another court,” Justice Akintoye informed the prosecuting counsel, Mr Wahab Shittu, at Wednesday’s proceedings.
Nganjiwa’s counsel, Chief Robert Clarke SAN was however absent in court.
It would be recalled that at the last sitting, Nganjiwa’s lawyer, Chief Clarke, told the court that his client was afraid that if he would not get justice should his trial continue before Justice Akintoye.
Nganjiwa in his petition averred that Justice Akintoye was already hearing the case of Mr Rickey Tarfa (SAN), who was accused of bribing two judges, one of which is himself.
“The charge, as filed, constitutes double jeopardy against the defendant.
“There is a sister case before this court containing virtually all the allegations and particulars in this new case.
“You cannot make up your mind in one particular case and change it in another case. We are not afraid that justice will be done, but justice must be seen to have been done,” Clarke had said.