by James Sambo

On Tuesday, 17 November, Justice Adebukola Banjoko withdrew from the $620,000 bribery charges instituted against a former Chairman, House of Representatives Ad-hoc Committee on Fuel Subsidy, Mr. Farouk Lawan.

Justice Banjoko of a Federal Capital Territory High Court in Gudu, Abuja, voluntarily withdrew from the case and ordered the case file to be returned to the FCT Chief Judge, Justice Ibrahim Bukar.

Lawan, who is being prosecuted alongside Boniface Emenalo, had initially filed an application for the withdrawal of Banjoko from the case, only to later withdraw the application.

In her ruling, the judge stated that despite the fact that the application had been withdrawn and the Chief Judge had cleared her of the allegation in Lawan’s petition, it remained a “scandalous challenge” of her integrity.

She said: “In my 17 years on the bench, six years as a magistrate and 11 years as a judge, I have never been confronted with a scandalous challenge of my integrity.”

Lawan’s counsel, Chief Mike Ozekhome (SAN), who had filed the application dated October 29, 2014, asking the judge to quit the case, announced the withdrawal of the petition at the Tuesday’s proceedings.

Apart from the application, Lawan had also personally petitioned the FCT Chief Judge, accusing Justice Banjoko of likely bias based on an alleged close relationship between her and the Chairman, Zenon Petroleum and Gas Ltd, Mr. Femi Otedola, who is a witness and the accuser in the case.

However, Ozekhome pleaded with the judge to overlook the erroneous perception, which the application and his client’s petition must have created. The prosecuting counsel, Chief Adegboyega Awomolo (SAN), also apologised on behalf of the accused person and implored the judge to continue with the case.

Banjoko refused to acquiesce to the request of both parties, even as she denied the allegation that she and her family were close to Otedola.

She said that she could no longer continue to hear the case since the accused had first exhibited his lack of confidence in her, and that “justice is rooted in confidence”.

Banjoko ruled: “In the prevailing circumstances, I do find it difficult to continue this case. This case is returned to the honourable Chief Judge for re-assignment.”

Lawan and Emenalo were re-arraigned before Justice Banjoko on 11 June 2014, after the initial trial judge, Justice Mudashiru Oniyangi, was elevated to the Court of Appeal.

Lawan and Emenalo are being prosecuted by the ICPC for allegedly collecting $620,000 bribe in April 2012 from Otedola, in order to remove his companies’ names from the list of firms indicted by the committee of abusing the fuel subsidy regime.

Kolapo Olapoju