Judge refuses to disqualify self from Kashamu’s case

ustice Ibrahim Buba of a Federal High Court in Lagos has turned down the request to withdraw himself from a fundamental rights enforcement suit filed by Mr. Buruji Kashamu against the National Drug Law Enforcement Agency and the Attorney General of the Federation.

Buruji Kashamu

The judge also dismissed the NDLEA’s application asking him to vacate an interim order restraining the respondents from confiscating Kashamu’s properties pending the determination of the fundamental rights suit.

Rather than withdraw himself from the case or vacate the June 29, 2015 restraining order, Buba said he would remain focused and adjourned the case till Wednesday for the urgent hearing of the case.

The judge, in his ruling on Tuesday, described the preliminary objection filed by the NDLEA, asking him to withdraw himself from Kashamu’s case, as “part of the game of hide and seek” between Kashamu and the NDLEA and one that did not deserve any consideration.

Buba said since he was not the one who assigned Kashamu’s case to himself, he would not shy away from deciding it merely because of an unsubstantiated accusation of bias, adding that the NDLEA “cannot pick and choose judges for their matters.”

He said, “This application is part of the game of hide and seek between the parties before me who have been in and out of court. Some of the matters are on appeal.

“This court will not abdicate its responsibilities, no matter who is involved. This application is a further waste of time in a game of hide and seek.

“The court will remain focused and see the dispute as presented before it, not imaginary issues. After all, this court does not assign cases to itself.

“The application has no merit and does not deserve any consideration. Same is hereby dismissed.”

Buba said the NDLEA’s allegation or fear of bias was unproven as “the applicant failed woefully to point at any decision this court reached or point of law that it reached and is likely to reach in another one.”

He said it  was within the powers of the court to make an interim injunction or restraining order against anyone pending the determination of the main suit in fundamental rights enforcement action.

“That is what this court has done, pure and simple,” he said.

Judge refuses to disqualify self from Kashamu’s case