Justice Adeniyi Ademola of a Federal High Court in Abuja, yesterday, withdrew from handling a case of terrorism filed by the Department of State Service (DSS).
The case is against one Haruna Abbas and two others.
This came as a retired Lagos State High Court judge, Justice Ebenezer Adebajo, yesterday said that if Nigeria must be preserved, the judiciary must stand up to the executive.
This is even as founding chairman of the Economic and Financial Crimes Commission (EFCC) Nuhu Ribadu, yesterday gave a glimpse of how he felt taking his boss and former Inspector General of Police, Tafa Balogun, into custody, saying there was nothing wrong in DSS raiding judges’ homes.
Ademola said, at the mentioning of the case, that it would not be fair for him to continue with the case.
He announced that he would return the case file to the Chief Judge of the Federal High Court, Justice Ibrahim Auta, for reassignment.
“The matter was here last on June 13, and it involves the DSS. I don’t want to handle any of its matters anymore.
“In the interest of fair hearing, I think I will move the file to another court because it will not be fair to me and to DSS.
“So, I will return the file to the Chief Judge to reassign. The case file is hereby returned to the Chief Judge for reassignment to another judge on personal grounds,” he said.
However, one of the accused, Abbas, prayed the judge not to withdraw from the case.
Abbas said that he and his co-accused would prefer to be tried by Ademola.
NAN reports that Ademola, on October 18, withdrew from a case brought against former National Security Adviser, Sambo Dasuki, retd., by the DSS.
Meanwhile, a retired Lagos State High Court judge, Justice Ebenezer Adebajo, retd., yesterday said if Nigeria must be preserved, the judiciary must standup to the executive, following the Department of State Services, DSS, raid on judges’ homes.
Condemning the raid, he noted that the DSS lacked the power to sue or be sued or even prosecute because the name in existence, according to the law, is State Security Services, SSS, not DSS.
He said: “If Nigeria is going to be preserved, the judiciary must standup to the executive in this matter. I wish the CJN and NJC the best of luck.”
According to the retired judge, who chaired a 3-man tribunal of inquiry into the July 4, 2014, incident between soldiers and some drivers of Bus Rapid Transit, BRT, in Lagos, the issue of tampering with a name created by law is prevalent in most suits prosecuted by states.
“I think it was the governor of Osun State that started this issue of naming the state, of which he is the governor,” he said.
Also, founding chairman of the Economic and Financial Crimes Commission, Nuhu Ribadu, has given a glimpse of how he felt taking his boss into custody.
Ribadu, who spoke at the 2016 Annual Lecture of Radio Nigeria in Abuja, said there was nothing wrong in the raid carried out in the homes of suspected corrupt judges by security agencies early this month.
The former chairman drew the attention of Nigerians that it was when corruption was being fought that those who were uncomfortable with it would raise complaints and attacks on the agencies and asked for their support and understanding for the current leadership.
Ribadu said that when he had to arrest his former boss, and former Inspector General of Police for that matter, who was accused of stealing over N10 billion of public funds, he did not bat an eyelid.