Major twist was yesterday introduced in the leadership tussle in All Progressives Grand Alliance (APGA) as the faction of the party loyal to Alhaji Sadeeq Massalla has asked presiding Justice Husseini Baba Yusuf, of the High Court of the Federal Capital Territory (FCT), to disqualify himself from adjudicating on the suit filed by the other faction loyal to Chief Victor Umeh, which is pending before his court.
The judge has on August 7, through an ex-parte application made by the Umeh faction gave an order restraining Alhaji Masalla and Dr. Ifedi Okwenna, who are acting national chairman and secretary respectively of the Masalla faction from parading themselves as leaders of the party.
But, this group in a petition forwarded to the Chief Judge of the FCT and dated August 15, asked the Chief Judge to re-assign the matter, alleging that Justice Yusuf “is a close family friend of Chief Victor Umeh” and so, would not dispense justice in the matter.
Moreover, they alluded to the existence of “restraining order against Chief Umeh made by the Hough Court of Enugu State”, which they stressed was made before Chief Umeh approached Justice Yusuf’s court to obtain a contradictory restraining order against them.
The three-page petition which was signed by Dr. Okwenna and received by one Barrister O. J. Amose in the official chamber of Justice Yusuf, asked the FCT-CJ to take steps to remove Justice Yusuf from further handling the matter filed in his court by the Chief Umeh faction.
Stated in the petition: “it is therefore with a great sense of responsibility and grave concern that I address this petition to you against the judicial conduct of Hon. Justice Husseini Baba Yusuf, in the hearing of Suit No. FCT/HC/CV/4278/2012 in which I (Okwenna) am the 2nd defendant on record, which conduct constitutes a threat to the image and integrity of the judiciary in Nigeria and the efficacy of the system of administration of justice in the country”.
They claimed that Justice Yusuf allegedly “breached the Judicial Oath as provided for in the 7th Schedule of the 1999 constitution which he subscribed to under Section 290 (1) of the constitution as he failed to perform his judicial functions honestly as provided in the Judicial Oath”.
The made several scathing remarks against the Judge claiming that granting the injuctive order in favour of the Umeh faction was “a hatchet job, since he (Justice Yusuf) is the vacation judge who is not expected to “take urgent applications for bail, enforcement of fundamental rights, etc and not political cases such as this which has no urgency”.
They also claimed that they were yet to obtain a Certified true Copy (CtC) of the ruling even though they had since 10th August applied and paid for same through one E. O. Ogbonnaya.
“Justice Baba Yusuf because of his closeness to Chief Victor Umeh has taken over the duties of the Registrars of the court as it relates to the issuance of the CtC duly applied and paid for and he thereby delved in the arena by questioning the interest of the applicant.
“It is noteworthy that the CtC has not been issued till today by Justice Baba Yusuf as against the express provisions of the Evidence Act and the Freedom of Information Act (FoI).
“In the circumstance, I pray that Hon. Justice Baba Yusuf be promptly disqualified from hearing the suit No. FCT/HC/CV/4278/2012, while the allegations are properly investigated with a view to preserving the dignity of the temple of justice and all those who minister therein,” the petition stated.