Kelechi Kas
The Umuotube Community of Chokota Town in Igbo-Etche, Etche Local Government Area of Rivers State has written to the Chief Judge of Rivers State, Adama Iye Iyayi Lamikanra, and the National Judicial Commission, seeking the transfer of their suit currently before Justice Uche Augusta Kingsley-Chuku to another judge of her lack of fairness in handling the matter.
The community is also requesting that the Justice Kingsley-Chuku recuses herself from entertaining the suit over her “manifestly vested interest, bias and compromise”.
The community in the letter signed by Eze Nkemakolam Nwamuo and Eze Samuel Nwafor, the traditional ruler of the community, implored the Chief Judge and the NJC to “use your good office to transfer the said suit to another Judge so as to ensure neutrality, unbiased, fairness and justice is attained and guaranteed.
They also prayed the Chief Judge and the NJC to investigate the allegations of bias and Judicial impertinence against Justice A.U Kingsley -Chuku.
The petition read in part..
We the members of Umuotube Community, Chokota Town, Igbo-Etche in Etche Local Government Area of Rivers State represented by the leadership of the Community, hereby bring this Complaint for your immediate attention and necessary actions as follows:
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That we are Defendants in the above Suit, we had earlier gotten a Judgment over the same subject matter between the same Parties from
Egwi Customary Court, Etche Local Government Area Rivers State. -
That the Claimant in the above-named matter was aware of the pendency of the matter at Egwi Customary Court as he was served with the Court Processes.
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That while this matter before Justice Chuku was still going on, the Egwi Customary Court gave Judgments in our favour.
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That our Lawyers drew the attention of Justice Chuku to the Final Judgment of Egwi Customary Court on the same subject matter before her and the need for her to adjourn her Proceedings Sine die or strike it out.
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That in a considered Ruling delivered by Justice Chuku, she dismissed our
Application. -
That we immediately instructed our Lawyers to apply for the Certified True Copy of the Ruling.
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That since we applied for the ruling of the Court over one month ago, Justice Chuku has refused to make available a copy of her Ruling to enable us to challenge it at the Court of Appeal.
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That we have also applied for the Ruling and the Record of Proceedings in the above suit to enable us to compile Record of Appeal, but she has refused to make available a copy of the Ruling and the case file for us to compile the Record of Appeal
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That our Motion for stay of further proceedings in the matter filed via e-filing before Justice Chuku which the Counsel to the Claimant has responded to, Justice Chuku said she cannot find a copy of it in the case file.
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That in our Jurisdiction presently, filling Court processes are online through e-filing and all Justice Chuku needed to do was to see the filed motion as soon as she checks online but because she wants to frustrate us and our Lawyers, she announced in the open Court that she cannot find the Motion without making any diligent effort to search for it online.
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That on Friday 29th January 2021, the Judge foreclosed us from Defence in the matter even where there are two interlocutory Applications pending before her and yet to be taken, and adjourned the case to 10th February 2021 for Final addresses against the express direction of our High Court Rules that the time for Parties to file final addresses is 21 days for both Defendants and Claimant.
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That Justice Chuku has been rushing the matter in a manner that suggests she has a predetermined end or outcome by foisting on us an
adverse Judgment.
