Justice Ahmed Mohammed of the Federal High Court in Abuja, on Monday, recused himself from the fundamental rights suit filed by the Sahara Reporters Publisher, Omoyele Sowore.
He made the decision during the hearing of the fundamental rights suit filed by the detained activist.
Mr Sowore had in his suit dated November 20 against the State Security Service (SSS) said that his continuous detention by the agency is illegal and violated his fundamental rights to liberty as guaranteed by Section 35 of the constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 6 of African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act (CAP A10) Laws of the Federation of Nigeria 2004.
The Sahara Reporters publisher is asking the court to order the SSS to pay him N500 million as damages for his detention and violation of fundamental rights.
He sought: “An order of this court compelling the respondents to pay to the applicant the sum of N500,000, 000, 00 ( Five hundred million naira) as general and aggravated damages for the illegal violation of the applicant’s fundamental right to life, dignity of his person, fair hearing, health, freedom of movement and freedom of association.
“An order of perpetual injunction restraining the respondents from further violating the applicant’s fundamental rights in any manner whatsoever and however without lawful justification.”
Joined in the suit is the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami.
Court Session
When the matter came up for hearing on Monday before the vacation judge, the court held that it cannot preside over the matter.
Justice Mohammed said the publisher has on two occasions accused him of collecting money in a certain matter.
“This applicant is the publisher of Sahara Reporters sometimes in 2016, the same outfit accused me of taking money in a matter to compromise the cause of justice and I returned the case file to the then chief judge,” he said.
The judge mentioned the intervention of two senior advocates in the matter, Rotimi Jacob and Joseph Daudu, who said it should not be reassigned and that the chief judge should return the file back to me.