Chief Judge of the Federal High Court, Justice Adamu Kafarati, has rejected Okorocha’s petition in respect of his suit challenging INEC’s refusal to issue him a Certificate of Return as a senator-elect.
Governor Okorocha had petitioned Justice Kafarati requesting that the case be withdrawn from Justice Okon Abang of the Abuja Division of the court and be reassigned to another judge of the same division.
The governor had anchored his petition on a claim that the opponents to his suit were confident before hearing could commence that Justice Abang would rule in their favour.
On April 18, the date fixed for the hearing, Justice Abang announced his decision to withdraw from the suit after seeing the petition.
The development came barely a week after the first judge, Justice Taiwo Taiwo, also of the Federal High Court in Abuja, withdrew from the case.
Justice Taiwo had withdrawn from the case after being accused of likelihood of bias by two parties to the suit.
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He withdrew from the case on April 10, following which it was reassigned to Justice Abang.
But indication has emerged that Justice Kafarati had rejected Okorocha’s petition seeking the re-assignment of the case to the third judge as the matter came up before Justice Abang on Wednesday.
It was learnt that the Chief Judge returned the case file to Justice Abang on being satisfied with his response to Okorocha’s petition.
At the Wednesday’s proceedings Okorocha, who is of the APC opposed the PDP’s motion seeking to be joined in his suit.
Governor Okorocha, through his counsel, Mr Kehinde Ogunwumiju (SAN), objected the PDP’s application on the grounds that the application was brought in bad faith.
But PDP’s lawyer, Mr Stanley Imo, held that the objection to his client’s application for joinder by Okorocha was not well-founded.
Justice Abang agreed that the matter was time sensitive but assured all the parties of fair hearing.
He adjourned the matter until May 9 (Thursday) to rule on whether or not to join the PDP as a party in the suit.
INEC had refused to issue Okorocha the certificate of return on the basis that the Returning Officer for the February 23 election, Prof Francis Ibeawuchi, said he had announced the outgoing governor as winner of the senatorial election under duress.
Okorocha had subsequently filed his suit challenging INEC’s decision to withhold the certificate of return due to him as the winner of the election.
