Former governor of Delta State, Chief James Ibori, and Udoamaka Okoronkwo, who are standing trial for alleged corruption before a Federal High Court sitting in Kaduna, have asked Justice Mohammed Lawal Shuaibu to disqualify himself from the trial for alleged bias.
In a motion by their counsel, Joe Daudu, the accused are also seeking an order compelling the Chief Judge of the Federal High Court, Justice Abdulahi Mustafa, to transfer the trial to the judicial division where the offences in the 129 counts in the said charge were allegedly committed.
They are contending that the trial in Kaduna is contrary to the provisions of the Federal High Court Act and that it grossly violates the applicants� right to fair hearing, particularly the right and opportunity to adequately prepare their defence to the 129 charges made against them.
Ibori is accused of looting the state treasury while in office using Udoamaka as a front. In the affidavit deposed to by Ibori in support of the motion brought pursuant to Section 36(1)(4) and 6(B) and (D), he averred that none of the allegations had any connection with Kaduna and none of the alleged offenders, properties, bank accounts, documents, evidence and witnesses is in Kaduna.
He stated that a search at the registry of the court revealed that the Economic and Financial Crimes Commission (EFCC) filed the original charge directly without following due process as required by the Federal High Court Act.