Judge Recuses Self from Estate Excos’ Suit

Justice Akintayo Aluko of the Federal High Court in Lagos has recused himself from hearing multiple suits filed by factions of the Incorporated Trustees of the Divine Homes Residents Association (ITDH) Lekki, Lagos.

Justice Aluko withdrew from hearing the suit following an oral application made by counsel to one of the parties, Chief Abdullai Tony Dania, asking the judge to recuse himself from the matter.

At the resumed hearing suit numbered FHC/L/CS/642/2022, between Tunde Adisa Friday vs Incorporated Trustees of the Divine Homes Residents Association, and FHC/L/CS/1136/2023, between Honourable Uche Nwabuze Vs. Tunde Adisa Friday, respectively, Chief Dania alleged that the judge was biased against his clients.

He argued that even if the court wants to investigate the capacity of counsel to represent the parties, it should be at the time of filing the suit in June 2023 and not the updated status of the Incorporated Trustees of the Divine Homes Residents Association in 2024, more so when the same suit is a substantive issue pending before both Justice Lifu and Justice Lewis-Allagoa, both of the Ikoyi Division of the Federal High Court.

Dania further informed the court that there was no suit before the court when the judge delivered Judgment on the suit on January 5, 2024, even though the suit was originally assigned to a substantive judge, but that Justice Aluko heard the matter on January 5, 2024, as a vacation judge, whereas, there was no urgency in the case.

However, Barr Daniel O. Yeri, who announced an appearance for the same ITDH, vehemently opposed Dania and urged the court to go on with the business of the day, which was the hearing of all applications before the court.

Yeri also informed the court that he had filed Form 48, contempt of court, against Dania and his clients.

He submitted that members of the BIT-DHRA BOT who briefed Dania had been suspended and removed because they lacked the authority to brief Dania as members of the OT of IT-DHRA.

Ruling on the issue, Justice Aluko, after taking submissions from counsel, recused himself and ordered that the case files of the two suits be returned to the administrative judge of the Federal High Court for re-assignment to another judge.