Justice Ahmed Mohammed, of the federal high court, Abuja, who heard Senator Bukola Saraki’s ex parte application to stop the Code of Conduct Tribunal, has withdrawn from the case.
And he has sent the case file back to the Chief Judge of the Federal High Court, Justice Ibrahim Auta for re-assignment to another judge.
Mohammed said he was withdrawing from the case following media allegation that he gave a restraining order against the CCT.
“I have never made restraining order against any of the defendants, in particular, the code of conduct tribunal, via a motion ex-parte or any motion at all,’’ he said.
Saraki late on September 17 had approached Mohammed to give an order halting his trial by the CCT for alleged false declaration of assets.
The judge ordered the parties to the case – the CCT, and the ministry of justice – to appear before him on September 21. Saraki’s lawyers interpreted the order to mean the suspension of their client’s trial at the CCT.
The trial nevertheless went on 21 September.
“While it is not my intention to join issues with the authors of the said publication, I strongly feel that the records should be set straight,” Mohammed said.
“In the first instance, I have never made any restraining order against any of the defendants and in particular, the code of conduct tribunal vide a motion or any motion at all.
“Those who are conversant with the workings of this court know it is not in the habit of granting restraining orders to stop public institutions from carrying out their statutory duties.”