Since confidence is sine qua non in criminal trials, legal practitioners are unanimous in their submission that Justice Zainab Bulkachuwa’s continued presence in the presidential election petition tribunal, would call to question, the integrity of the panel. They equally stressed that the billowing cloud of likelihood of bias would only be diffused after the Court of Appeal President has recused herself from the tribunal, if she is not to embark on a pre-determined mission.
But instead of doing so, she asked the PDP to file a formal application to that effect, a development that generated a lot of debate regarding the right and proper procedure to adopt is such circumstances. Edoba Omoregie, a professor of law at the University of Benin while examining the issue agreed that it is right for the judge to recuse herself and allow the most senior justice of the court to empanel the tribunal because it is a routine administrative matter.
“It’s sad that that seems not to be the practice any more. After all, there are other competent justices of the Court of Appeal who can preside over the petition; and there’s a next most senior justice of the Court of Appeal, who can constitute the panel.“The whole purpose, actually, is to clear any possible doubt of bias. It’s not to guarantee that a litigant who raises it will be victorious as a matter of course.
“In sum, it is procedurally and jurisprudentially correct where she recues herself from being a member of that panel. In her absence, another justice could be appointed into her place,” Okeke stated.The National President of the Committee for the Defence of Human Rights , Mr. Malachy Ugwummadu, also a legal practitioner said Bulkachuwa recusing herself is not only procedural, but consistent with both the Code of Conduct for Judicial Officers.
The learned woman should for peace and equity vacant the president election tribunal and let a neutral person take over the case . That is my submission.
PDP is a fraud, they will collect victory from her like they did from other courts if she hands it to them.
Desperation of the ruling party destroying the judiciary.
U forget to add Mary odili burden on pdp political cases
What burden is there if she can discharge her duty?
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