Close Menu
National Update
    Facebook X (Twitter) Instagram
    Trending
    • POMR Faults Shettima Over ‘Diminished Obi’ Remark, Calls for Issue-Based Politics
    • Obi: Retired Public Officers Must Help Shape Nigeria’s Future
    • Sulaiman: Leadership Must Deliver Results, Not Just Titles
    • HURIWA tells Oyedele to prioritise economic recovery over Tinubu’s re-election bid
    • APC sweeps all 260 seats as KOSIEC urges elected officials to deliver
    • The Quiet Architect: How a Reformer Taught Institutions to Outlive Applause
    • Politics of Rivalry Threatens Kogi Central’s Proposed Mental Health Facility
    • Karimi, ALGON Chairman Clash Over Local Government Funds
    Facebook X (Twitter) Instagram
    National UpdateNational Update
    Subscribe
    • News
    • Politics
    • Opinion
    • Economy
    • Entertainment
    • Health
    • Security
    National Update
    Home»Judiciary

    Okutepa questions Omotosho’s recusal, says timing raises legal concerns

    By National UpdateSeptember 27, 2026 Judiciary No Comments4 Mins Read
    Jibrin Samuel Okutepa
    Share
    Facebook Twitter WhatsApp LinkedIn Email

    Senior Advocate of Nigeria, Chief J.S. Okutepa, has questioned the decision of Justice James Omotosho of the Federal High Court, Abuja, to withdraw from the trial of Ali Bello and Dauda Sulaiman, arguing that the timing of the recusal raises significant legal and procedural questions.

    Okutepa, in a legal opinion on the development, said the alleged interference with exhibits in the case did not, by itself, establish that Justice Omotosho was incapable of continuing with the trial impartially.

    The controversy followed allegations that some messages contained in mobile-phone evidence, particularly Exhibits N and O, had been deleted or tampered with.

    Justice Omotosho had ordered investigations into the alleged interference, including the conduct of the court’s registrar and the alleged involvement of the second defendant.

    He subsequently returned the case file to the Chief Judge for reassignment, citing concerns that continuing with the trial could create a perception of bias, especially because Exhibit N was considered material to the prosecution’s case.

    But Okutepa argued that the integrity of disputed evidence and the impartiality of the judge were separate legal questions.

    He noted that the Economic and Financial Crimes Commission had already called 17 witnesses and closed its case on June 2, 2026, after which the defendants filed their no-case submissions.

    The SAN therefore questioned why the alleged tampering, which reportedly became known in February, did not result in an earlier recusal.

    “If the alleged tampering had already raised a reasonable apprehension that the Judge could not fairly determine the case, why was that apprehension not considered sufficiently serious to require recusal before the prosecution closed its case?” he asked.

    According to Okutepa, the court had already received evidence, dealt with evidential disputes and supervised the prosecution through its final witness.

    He maintained that the no-case submission now before the court was a limited judicial exercise that did not require Justice Omotosho to determine the defendants’ ultimate guilt or innocence.

    Rather, he said, the court could have assessed whether the prosecution had presented sufficient evidence to warrant the defendants being called upon to enter a defence, while discounting any portion of Exhibit N found to have been compromised.

    Okutepa further cautioned against allowing public perception or speculation to substitute for the established legal test governing judicial recusal.

    He argued that recusal should be based on an objective and reasonable apprehension, or real likelihood, of bias, rather than suspicion or conjecture.

    The SAN also warned that withdrawing a judge at an advanced stage of a criminal trial could unintentionally allow alleged interference with evidence to derail proceedings that had already progressed substantially.

    He said the appropriate response to alleged evidence tampering should include identifying those responsible, preserving the original evidence where possible, determining its impact on the prosecution’s case and allowing the trial to proceed according to law.

    On an earlier forfeiture proceeding involving property in Gwarimpa, Okutepa said a judge’s previous involvement in a related matter did not automatically establish bias.

    He said the critical question was whether the earlier proceeding created an objective and reasonable basis for concluding that the judge could no longer approach the criminal trial with an open and impartial mind.

    While acknowledging Justice Omotosho’s concern about protecting the integrity of the judicial process, Okutepa said public confidence in the judiciary could also be strengthened when judges resolve difficult procedural issues according to established legal principles.

    He added that, subject to the full contents of the ruling and the applicable appellate procedure, the prosecution might need to challenge the recusal on appeal.

    According to him, an appellate determination would help clarify the legal and procedural issues arising from the decision and provide guidance on how similar circumstances should be handled in future trials.

    Previous ArticlePolice uncover alleged plot to conceal Abuja hotel death
    Next Article Aminu takes student activism to Senate race, launches Jigawa campaign

    Keep Reading

    Supreme Court Justice Blows Whistle on Gifts to Judges, Recalls Rejected Peugeot

    Kano Judiciary Wields Big Stick, Retires Two Officials Over Misconduct

    PDP Reps Urge NJC to Curb Judicial Interference

    AVID Slams Court Ruling on Kanu’s No-Case Submission

    Judiciary Under Fire: El-Rufai Alleges Deep-Rooted Corruption

    NJC Moves to Clean Up Judiciary, Suspends Judges, Enforces Accountability

    Add A Comment

    Comments are closed.

    Advert
    VGC Advert
    Most Viewed Posts
    • Breaking: Intrigues, as ADC suspends its presidential candidate, Kachikwu, accuses him of blackmail (1,820)
      The African Democratic Congress (ADC) has suspended its presidential candidate Dumebi Kachikwu, from the party, accusing him of false, misguided and defamatory video he made and circulated, among other infractions. The party also considered Kachikwu's action as "smacks of crass irresponsibility, gross indiscipline, disingenuous scandalization and blackmail, and completely unfit of someone who wants to
    • Concerned Religious Prayer Forum Responds to Criticism of National Prayer Initiative (1,290)
      The Concerned Religious Prayer Forum has issued a statement clarifying its mission and responding to recent criticisms surrounding its seven-day national prayer initiative. Established as a non-governmental organization on January 9, 2024, the Forum emphasizes that it is an independent group composed of citizens motivated by a shared desire to promote peace, unity, and prosperity
    • Ex-Kogi Gov’s Arraignment Stalled at the instance of EFCC Counsels (1,264)
      The arraignment of the former Governor of Kogi State, Yahaya Bello, on an alleged money laundering case instituted against him by the Economic and Financial Crimes Commission (EFCC), has been adjurned to June 27, by the Federal High Court, in Abuja, based on an agreement by the counsels to the two parties. A new date,
    • North Central Serving Governor withdrew N60 billion cash in six years ― EFCC (1,170)
      A serving Nigerian governor has allegedly withdrawn N60billion from his state’s purse. The Economic and Financial Crimes Commission (EFCC) said that he has lifted about N60 billion cash from state coffers in about his six years in office. The governor remains unnamed and his state, partially identified as domiciling in the North Central of the
    • Qatar Charity Empowers 60 Jigawa Widows, Vulnerable Persons with ₦300m (1,162)
      By Ahmed Rufa’i, Dutse The Qatar Charity Organization has donated economic empowerment equipment valued at over ₦300 million to 60 widows and vulnerable persons across the 27 local government areas of Jigawa State. The items were distributed during a ceremony held at the Banquet Hall of the Government House, Dutse, and presided over by the

    Latest News

    POMR Faults Shettima Over ‘Diminished Obi’ Remark, Calls for Issue-Based Politics

    October 18, 2026

    Obi: Retired Public Officers Must Help Shape Nigeria’s Future

    October 18, 2026

    Sulaiman: Leadership Must Deliver Results, Not Just Titles

    October 18, 2026

    HURIWA tells Oyedele to prioritise economic recovery over Tinubu’s re-election bid

    October 18, 2026

    APC sweeps all 260 seats as KOSIEC urges elected officials to deliver

    October 18, 2026

    Subscribe to Updates

    Get the latest creative news from FooBar about art, design and business.

    National Update
    Facebook X (Twitter) Instagram
    © 2026 National Update. Designed by Lamark Cre8ives.

    Type above and press Enter to search. Press Esc to cancel.