National Chairman of All Progressives Grand Alliance, Chief Victor Umeh, Saturday accused the Chief Judge of Enugu State, Justice Innocent Umezulike, of bias in the handling of a case on the lingering crisis rocking the party, filed by one Jude Okuli Emenike.
The appellant is seeking to sack Umeh as chairman of APGA, in a suit that resulted in a July 25 interim injunction by Umezulike restraining Umeh from convening party meetings at all levels.
But Umeh said the judge had exhibited bias in the case, and he has applied for its transfer to another judge.
In a letter to the chief judge dated September 19, 2012, Umeh stated, “I am reasonably apprehensive that your Lordship is obviously biased and compromised in this matter.
“Accordingly, I wish to respectfully request you to kindly, Sir, transfer and assign this case to another unbiased judge who will, God willing, do justice in the matter.”
The party chairman accused the chief judge of taking suo muto control over the matter by extending the life span of the ex parte order from July 31 to September 17 without any party requesting for it.
“Not only was the unsolicited longevity granted to the ex parte, I heard your Lordship read that the order will also restrain all parties, including APGA, which is not a party to the suit before the court.
“I have no doubt that your Lordship is fully aware that by Order 39 Rule 3 (4) of the Enugu State High Court rules, the life span of an ex parte order cannot exceed 14 days from the date it was granted. But in this case, an ex parte order granted on 25 July 2012 was by judicial fiat, extended till 17 September 2012,” Umeh wrote.
He said despite denial of his application for a copy of the proceedings of July 31, “unfortunately, on 17 September 2012, you refused to deliver the ruling on the Notice of Preliminary Objection already before you.”