You Have Fore-knowlege Of My Trial, Recuse Yourself, Lawyer Tells Judge

By Tope Kolawole

 

Human Rights activist, Barrister Victor Giwa, has challenged his continued trial by Justice Jude Onwuuegbuzie of the High Court of the Federal Capital Territory.

The lawyer in motion dated October 27, 2025, with Motion number M/13799/205, said his trial before the court was pre-arranged by Asabe Waziri, the nominal complainant, Joe Agi, SAN, AIG Oyakhire Ekeinde, (rtd) for Director of Legal Services, Nigerian Police Force and Mohammed Baabandoko Abubakar.

According to him, the judge is manifestly biased against him and his co-defendant amd cannot do justice in the matter.

Giwa and Bukola Ibitade are standing trial before the court over allegation of forgery.

They were accused of forging the letterhead of Awa Kalu, SAN, an allegation the SAN had denounced.

In the charge, the police accused Giwa of forging the letterhead of Awa Kalu, SAN.

They were arraigned and were granted bail by the court.

But Awa Kalu, in a letter to the Inspector General of Police, Mr Katode. Egebtolun, put a lie to the allegation of the police against Ibitade amd Giwa.

Despite the letter of Prof. Awa Kalu to the Inspector-General of Police, formally distancing himself from the allegation of forgery and impersonation against Giwa and Ibitade, the police have gone ahead to press charge against Giwa.

Chief Kalu, in a letter to the Inspector-General of Police, Mr Kayode Egbetokun, had said his letterhead was never forged and that he had not at anytime lodged any complaint to the police about forgery of his document.

Professor Kalu, in a letter dated May 30, 2025, addressed to the Inspector General of Police, clarified that he neither filed a complaint nor reported Mr. Giwa for allegedly forging his firm’s letterhead.
In the motion on notice, Giwa prayed the court for the following, “an order of the Honourable court recusing himself / His Lordship Honorable Justice Jude Onwuuegbuzie from this Charge with Charge No: CR/15025 on the basis of MANIFEST BIAS AND PARTISANSHIP against the 1st Defendant (Giwa).

“An order of this Honourable court transferring this case back to the Chief Judge of the FCT High Court for reassignment.

The applicants raised eight grounds in the motion upon which the application was made.

According to him, he is entitled to fair hearing as guaranteed under Section 364 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended),

He said the continued hearing of the charge by this Honourable Court will amount to a breach of the Applicants’ constitutional right to fair hearing.

He said in the motion, “That this Honourable Court per Hon. Justice Jude Onwuegbuzie is manifestly biased against the Defendants, especially the Ist Defendant,

“That this Honourable Court has foreknowledge of the Charge based on request and arrangement between the Nominal Complainant, Asate Waziri, Joe Agi (SAN), AIG Oyakire Ekeinde (rtd.), Mohammed Bakodo Abubakar and the office of the Chief Judge of FCT High Court. ‘

“That the Defendants have no confidence in getting justice from the Court of Hon Justice Onwuegbuzie Jude.

“That the Charge and trial are prearranged by Asabe Waziri, Nominal Complainant, Joe Agi SAN, AIG Oyakhire Ekeinde (rtd) former Director, Legal, Nigerian Police Force and Mohammed Bakodo Abubakar and the office of the Chief Judge of FCT High Court to deal with the Defendants like Asabe Waziri has boasted”.

He said justice must not only be done, but must be seen to be done.