Another judge withdraws from Ebonyi PDP leadership tussle
Jacob Ogodo, Abakaliki
Another judge, Justice Vincent Nwanchor the third in a row of judges handling a suit filed by Onyekachi Nwebonyi in an Ebonyi State High Court sitting in Abakaliki challenging the dissolution of the State Executive Committee of the Peoples Democratic Party by the National working committee of PDP, on Wednesday, withdrew from the matter.
It could be recalled that Justice Elvis Ngene and the Chief Judge of the State, Justice Anslem Nwaigwe did the same some weeks ago when the matter was handed over to them.
Justice Nwanchor said his decision to withdraw from the case was based on the augment brought before the court by the Legal Adviser of PDP Mudi Erhenede, that he has blood ties with the Ebonyi state Deputy Governor Barrister Eric Kelechi Igwe who was interested party in the suit.
The suit was earlier slated for ruling on the 18th of January 2021 but was deferred till the 20th of January following an application by Counsel to the Defendants, Barr. Mudi Erenede that they had filed an appeal on the jurisdiction of the State High court.
At the resumed sitting on Wednesday, Barr. Erenede tendered another application asking the Presiding Judge, Justice Nwanchor to recuse himself on grounds that he was a brother to the Deputy Governor of the state, Dr. Kelechi Igwe who was an interested party in the suit.
He also submitted that the Presiding Judge failed to protect him in the last adjourned date when Counsel to Onyekachi Nwaebonyi, Barr. Roy Nwaeze threatened to slap him and therefore urged him to hands off the matter.
But in a counter-motion, the Counsel to Nwaebonyi urged the court to dismiss the application as the claim of brotherhood with the Deputy Governor would not violate his judgment.
He also argued that there was no factual evidence to support the claim that he threatened to slap Counsel to the defendants.
After listening to the arguments, the Presiding Judge, Justice Nwanchor ruled that he could not deny the fact that he was of the same community as the Deputy Governor of the State, Dr kelechi Igwe and therefore recused himself to protect the integrity of the court.
He however dismissed claims that he did not protect Counsel for the defendants noting that the court’s intervention during the face-off between the two counsels was corroborated by other legal professions present at the court.
Justice Nwanchor said the file would be returned to the Court Registrar for reassignment.
Speaking to journalists, Counsel to the Defendants, Bar Erenede commended the Presiding Judge for doing what is necessary in line with the rule of law.
“The outcome of the court is that the court has done what the law expects of him, and he has sent the case file to the chief judge to reassign to any judge of his choice so that is the stage we are when they bring a new judge we will go there and determine what will happen.”
However, Counsel to the Plaintiff, Bar Roy Nwaeze said nothing had gone wrong as the substantive matter must be heard and judgment obtained from it no matter the delay tactics being deployed by the defendants.
“The problem we have in the judiciary is that we lack bold judges, what we have are judges who are so easily giving in to unnecessary, stupid intimidation. But nothing has gone wrong absolutely nothing, there is a suit that has been filed, so definitely the suit must be heard. If the suit portrays danger the danger must be heard.
“There is nothing we will do now, if election will be taken place in the state now we will know the true PDP.”
Elder Frad Udeogu, the caretaker committee chairman in his expression, said the defense counsel argument was genuine and not a deliberate act to delay justice as alleged by his rival.
“It is not true. The fact is that all the defence causes we have gone through were all genuine, that’s why we have been getting there right from the Chief Judge down to this.”
Barr. Onyekachi Nwebonyi the embattled factional chairman of PDP had accused the defence counsel of using delay tactics on the judgment.
“It’s very unfortunate today is the second day we are expecting the ruling of the court but the defendants in their usual way continue to truncate the proceedings of the court in this matter, they have again raised another issue of bias on the side of the court which is unfounded, but the court for the interest justice has just recused herself from continuing hearing the matter and has accordingly transferred the matter and I believe that the court in no distance time will reassign the case to another court.”
It could be recalled that the National Leadership of the Peoples Democratic Party had, in a sequel to the defection of Governor David Umahi to the All Progressives Congress, dissolved the State Executive Committee of PDP and appointed a Caretaker Committee led by Chief Fred Udeogu.
