Asa Investments Limited, claimants to the disputed land (Ile Arugbo) of the late Dr. Olusola Saraki, has asked the judge handling the case, Justice Abiodun Adebara to withdraw from the case.
They are also asking the Chief Judge of Kwara State, Justice Sulyman Kawu to transfer the case to another judge.
The lead counsel for the claimants, Dr. Akin Onigbinde (SAN), moved the application at the resumed hearing of the case in Ilorin, the Kwara State capital on Thursday.
Onigbinde said: “We have an application before the court asking the judge to withdraw himself from the case. It is not an application against the person of the honourable court.
“The concern is what ordinary members of the public will feel in this circumstance. There is no ruling yet. We give the court the freedom/latitude to decide according to its discretion.”
He also told the court that a written address in support of the motion was filed on October 22.
“We also filed our reply on point of law on November 3. We humbly adopt the argument in the filed written statement, relying on the written address as our argument in support of this affidavit. We have also caused to be filed in this court list of authorities to support the written address.”
In his response, counsel to the state government, who is also the Attorney- General and Commissioner for Justice, Salman Jawondo, did not oppose the application for the reassignment of the case. He however described the application as frivolous and reckless, saying it is an assault on the administration of justice.
According to Jawondo, the defendants filed their response to the claimants’ application dated October 27.
He said: “We filed our counter-affidavit accompanied by a written address the same day; we filed these processes to put the record straight and show the frivolity, reckless and mindless assault on the court and administration of justice as demonstrated in the content of the application.
“We will not mind if this case is transferred from this court. After all, we have more than 17 high court judges in the state.”
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