Justice Taiwo consequently returned the case file to the Chief Judge of the Federal High Court, Justice Abdul Kafarati for reassignment to another judge.
The decision of the judge followed allegations of bias made against him by the candidates of the Peoples Democratic Party for the February 23 National Assembly elections, Jones Onyeriri and that of the All Progressive Grand Alliance (APGA); Senator Osita Izunaso.
Mr. Onyeriri in his petition addressed to the Chief Judge of the Federal High Court, Justice Abdul Kafarati, dated April 8, 2019, asked the judge to disqualify himself from the suit.
The petition which was signed by him, Onyeriri demanded that the judge should withdraw from the matter because of his utterances in which he “clearly prejudged the substantive issues that will be resolved in this matter and clearly showed he has taken sides with the plaintiff (Okorocha).”
In an affidavit deposed on their behalf by a lawyer, Chijioke Nzekwe, both men stated that Justice Taiwo on Friday told counsel to the Independent National Electoral Commission (INEC), Wendy Kuku that the commission was responsible for the problems in the election.
Mr. Nzekwe further averred that “The Judge went further to say that he has read through the provisions of the Electoral Act, 2010 (as amended) and found nothing therein that robs him of the jurisdiction to hear his suit.’
They added “’That this pronouncement shocked all the counsel who was present in court and even members of the public and journalists who were in the gallery because 2nd and 3rd defendant (INEC and Onyeriri) have Notices of Preliminary Objection challenging the jurisdiction of the Court to hear this matter,’” he averred.
At the resumed hearing of the matter, Justice Taiwo announced his decision to rescue himself from adjudicating on the matter based on allegations of bias against him.
He further announced that the case file will be returned to the Chief Judge of the Federal High Court, Justice Abdul Kafarati for re-assignment to another judge.
Okorocha won in the February 23 Imo West senatorial election on the platform of the All Progressives Congress.
He was however not presented with a Certificate of return by the electoral body as his name was not listed by INEC among the senators-elect who were presented with their certificates of return by the electoral body.
Okorocha’s name was omitted following claims that the result that saw him emerge, winner of Imo West senatorial election, were allegedly declared under duress as claimed by the returning officer of the district, Professor Ibeawuchi Innocent.