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Bayelsan Judge, In Remarkable Show Of Professionalism, Recuses Self In The Case Of Jonathan's Prosecution of LEADERSHIP Journalists

November 26, 2013

Justice Peter Affen of the Abuja High Court yesterday voluntarily took himself away from having to adjudicate on the case of forgery of a presidential directive being pursued against two journalists of the Leadership Newspapers stable by the federal government.

Justice Peter Affen of the Abuja High Court yesterday voluntarily took himself away from having to adjudicate on the case of forgery of a presidential directive being pursued against two journalists of the Leadership Newspapers stable by the federal government.

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The judge hails from Bayelsa, the home state of President Goodluck Jonathan.

He explained he made the decision in the interest of integrity and to preserve the sanctity of the judiciary, given a media report of a link between him and the President, who is directly involved in the case.

In the dock are the Group News Editor of the newspaper, Tony Amokeodo, and Political Correspondent Chibuzor Ukaibe.

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Curiously, the case file had been reportedly withdrawn from Justice Usman Musale, without a request by any of the parties, and then assigned to Justice Affen, allegedly a kinsman of President Jonathan, despite the appearance of impropriety.

In court yesterday, the lead lawyer to the federal government, Chief Adegboyega Awomolo (SAN), expressed shock over the matter.  "I saw the publication this morning and I must say that it is objectionable and unfair,” he said.  “I knew nothing about it but its effect is enormous.”

Defence lawyer Femi Falana (SAN), associated himself with the views of Awomolo.

"I was surprised when I saw the report yesterday,” he said.  “I hold your lordship in high esteem and from my investigation, the court did not ask for the case. I thought the prosecution asked for the transfer of the case but he too thought I did but neither of us asked for the transfer of the case. Having regard to the integrity and the independence of the judiciary, your lordship may wish to send the case file back to the Chief Judge.  This humble application is hinged on need to preserve the integrity of the judiciary".

In his ruling, Justice Affen observed that the only thing that connected him with President Goodluck Jonathan is that they are from the same state.

"I must place on record my profound gratitude to counsel in this matter for seeking to protect not only my integrity but that of the judiciary. It is correct that justice is rooted in confidence and must not only be done but seen to have been done.

"The implications of the publication are far too damaging to ignore. I will therefore, in the interest of justice return the case file to the Chief Judge for re-assignment to another judge that is not from Bayelsa state. The only thing that connects me with the President is the Creeks in the Niger Delta".

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