A Federal Capital Territory High Court sitting in Apo, Abuja, has insisted on going ahead to hear an alleged forgery case against a human rights lawyer, Barrister Victor Giwa, despite petitions pending before the National Judicial Council, NJC and the Chief Justice of Nigeria, CJN.
In the petitions, Giwa said he can’t get justice before the court presided by Justice Jude Onwuegbuzie and sought the transfer of the case to another judge.
However, in a ruling on Wednesday, the judge dismissed motions in which Giwa asked that he recuse himself from the suit, and instead, ruled that the court would go ahead to hear the case.
Giwa had in the motions insisted that he can no longer get justice before the court on the grounds of alleged bias. But the court dicountenanced the submissions.
Earlier in the proceedings, Giwa, while moving his motion for the court to recuse himself, said “justice is based on confidence”, adding that “confidence is destroyed when an ordinary man looks at the court and says that the court is biased”.
He stressed that justice must not only be done but must be seen to be done.
In his response to Giwa’s argument, the prosecuting counsel, Theophilous Silas, prayed the court to dismiss the human rights lawyer’s motions.
Silas argued that the court can’t recuse itself from the case since witness has already been called, adding that the mere fact that the defendants had written to the Chief Judge of FCT High Court, the CJN and the NJC, should not stop the trial.
According to the prosecution lawyer, the defendant’s letters are not automatic trigger to what the law says regarding criminal trials.
Responding, Giwa said the prosecution counsel failed to address the issue of loss of confidence in the court.
“Having not transversed that path of loss of confidence in the court, it means he has admitted that part of my argument.
“The prosecution misguided the court. The prosecution has called one witness, which has not even been done with. The Chief Judge must investigate my petitions because there are allegations in them.
“The law says the Chief Judge shall investigate the petitions. The word ‘shall’ is a mandatory word. The allegation of bias is at the root of my case and I urge the court to doscountenencae the submission of the prosecution and recuse itself,” Giwa said.
In a short ruling, the judge said he was yet to hear from the Chief Judge regarding the case and therefore, will not recuse himself. The judge subsequently ordered Giwa to proceed with his defence in the case.
Giwa, however, refused, insisting that he had already received a reply from the NJC and the CJN regarding his petition.
“The NJC and the CJN have written back to me that my petitions are being looked into,” he said, noting that proceeding with his defence will prejudice the actions being taken by the CJN and the NJC.
“My Lord has the petitions and their responses. By the responses in the petition, bias has been established against me in this case.
“My Lord has become an unbiased arbiter by virtue of my petitions to the NJC. The court should adjourn this case sine-die (indefinitely) pending the outcome of their investigations,” Giwa further argued.
In another short ruling, the court dismissed Giwa’s motion to adjourn the case indefinitely and instead, adjourned the matter to January 26, 2026.
The police is prosecuting Giwa and his co-accused, Bukola Ibitade, for allegedly forging the letterhead paper of a Senior Advocate of Nigeria, SAN, Chief Awa Kalu.
But Kalu, in a letter to the Inspector General of Police, Mr Kayode Egebtokun, denied the forgery of his letterhead paper, adding that he never made such a complaint.
Despite the letter in which Kalu distanced himself from the allegation of forgery and impersonation against Giwa and Ibitade, the police went ahead to press charges.
Kalu, in the letter dated May 30, 2025, and addressed to the Inspector General of Police, clarified that he neither filed a complaint nor reported Giwa for allegedly forging his firm’s letterhead.
Court disregards petitions, insists on hearing human rights lawyer’s case
