A Writ of summons was issued in the High Court of Justice Idah, Benue State in which the plaintiff (the appellant herein) claimed against the defendants.
Pleadings having been filed and delivered as ordered, the case came before Ogbole, J. for hearing and determination. Before commencement of hearing, counsel for the defendants (respondents herein) observed and commented as follows: -
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“After going through the statement of claim filed by the plaintiffs we found out that the plaintiff among other things will rely on the record of Upper Area Court, Idah arising from the subject matter of the cause of action before Your Lord. Our own statement of defense is predicated on an appeal from that decision of UAC which was determined by this Hon. Court constituted by your Lordship and your learned brother the Hon. Late Justice Anuga. From our statement of defence it appears that that decision of your Lordship will be subjected to sum (sic) interpretation before any court trying this particular matter will arrive at a just decision. Our observation therefore is as to whether your Lordship will be willing to subject your decision with your learned brother to any form of interpretation.”
Counsel for the plaintiff agreed with the above observation and remarked thus:
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“My learned friend has stated the position as it is, that is certain judgments which were subject of appeal and orders of this court sitting in its appellate jurisdiction and enforcement orders of this court in its appellate jurisdiction have been pleaded in both statement of claim and defence. The question raised in the observation is whether if your Lordship tries this case justice will be seen to be done. The answer to this question is left entirely with your Lordship”.
In response to the position taken by both counsel as aforesaid, the learned trial Judge (Ogbole J) declined, in the interest of justice to proceed with the case. The case was consequently re-assigned to Eri J.
At the conclusion of the evidence and addresses of counsel in support of their respective standpoint in the dispute, Eri, J held that the respondents had complied with the order of the High Court on 25/4/86 and dismissed the plaintiff’s claim.
Aggrieved by the decision, the plaintiff appealed to the Court of Appeal alleging bias on the part of the learned trial Judge.
