Lawyers at the Federal Capital Territory High Court, Apo, were taken aback when Justice Jude Onwuegbuzie began delivering a ruling on a motion for his recusal before the parties had made their submissions.
The unusual development occurred during proceedings involving human rights activist Victor Giwa, who had filed the motion seeking the judge’s recusal from his case. It took the intervention of the court’s Legal Assistant, who reminded the judge that the applicant and defendant had yet to present their arguments, before the ruling was halted.
Lawyers in the courtroom expressed surprise at the incident, noting that it is standard practice for parties to present their arguments before a court delivers a ruling.
Giwa had brought the motion on the grounds that he could not receive a fair trial due to alleged bias and partisanship in the handling of his case.
The case arose after the police accused Giwa of forging the letterhead of Senior Advocate of Nigeria, Chief Awa Kalu. However, Chief Kalu formally denied any wrongdoing on Giwa’s part, submitting a letter to Inspector General of Police Kayode Egbetokun refuting the allegations.
“My letterhead was never forged, and I have not at any time lodged any complaint to the police about forgery of my document,” Kalu wrote in a letter dated May 30, 2025, clarifying that he had neither filed a complaint nor reported Giwa for allegedly forging his firm’s letterhead.
Despite Chief Kalu’s letter, the police continued to press charges against Giwa.
During Wednesday’s proceedings, Barrister Giwa asked the judge to step aside, insisting that he had no chance of receiving justice before the court.
“I have no chances of getting justice before this Honourable Court in this case as the outcome is pre-determined, and Asabe Waziri has boasted repeatedly that this Honourable Court is arranged to obtain a conviction and use same as a basis for the withdrawal of my practice license,” Giwa said in an affidavit filed before the court.
The police, in their counter-motion, requested the court to dismiss Giwa’s recusal application. In a brief pre-prepared ruling, the court struck out the motion, asserting that it was not biased.
“This court is not biased; the issue raised by the applicant in his action has no basis. This motion is hereby struck out,” the judge ruled.
In his affidavit, Giwa also highlighted efforts he claimed to have made to escalate the matter to the office of the Chief Judge, asserting that the office was working against him. He further stated his willingness to undergo a polygraph test to verify the veracity of his claims.
“I humbly and respectfully demand that this case be further investigated by the Department of State Security Service (DSS) and Chief Justice of Nigeria, Honourable Justice Kudirat Kekere-Ekun.
“I am ready and available to undertake a polygraph test to verify the veracity of my claims and the facts deposed in this affidavit.
“I depose to this affidavit in good faith, believing the contents to be true and correct and in accordance with the Oath Act 2004,” Giwa said.
