Chief Richard Kpodo,
former aide to Ex-Governor Timippre Sylva standing trial for alleged
rape of a 26 year female cashier has appealed a court ruling on his allegations
against trial judge.
Justice Kate Abiri, Chief
Judge of Bayelsa had declined an application brought by Kpodo to have his for
alleged rape to another judge.
Counsel to the
accused, Julious Iyekoroghe on December
21,2018 approached Justice I. Eradiri with a motion on notice urging the judge
to disqualify himself from hearing the
case, alleging that the judge was biased.
Eradiri had dismissed
the motion and adjourned to January for Defense team in the case to enter
defense on the case.
At the resumed trial
on Thursday Kpodo’s defense team led by E.J. Okere told the court they had
filed an appeal against the ruling on their allegation of bias by Eradiri and
hence could not enter defense.
“We applied to you to
disqualify yourselt from the trial on grounds of bias and our application was
refused, so we appealed against that ruling, we will also file a stay of
proceeding at the higher court.
“In view of the appeal
before a higher court, we cannot enter defense at this moment,” Okere said.
Objecting to the moves
to stall proceedings, Andrew Arthur, Prosecuting Counsel said
the court should not stay its proceedings just because an appeal has been filed
adding that the court should proceed on the case.
In another twist the defense team objected to
the appearance of Authur who was recently appointed as Commissioner for Special
Services in Bayelsa.
Okere submitted that Arthur who initiated the
prosecution in August 2018 under a fiat issued by Attorney-General of Bayelsa
Mr Kemesode Wodu which does not cover the present office of Arthur as a Commissioner.
Responding, Arthur said that he was under no
disability to continue appearances as his appointment letter was explicit that
his present office has no prejudice to his office as Special Prosecutor on
Violent Crimes.
The judge adjourned the case to January 31 for
ruling on the objections raise by the defence team.
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