“Yes, the judge, Justice Emmanuel Nkea was undergoing a corruption
proceedings before me. And when the matter came up in the Gambia, my
lawyers filed a motion that the judge recuse himself based on two (2) major
grounds. That the judge was undergoing a corruption proceeding under me, and
that the nephew of the judge, Legunju was the one prosecuting. And because I
was not in the (…) at the time of my trial; I finished work on Friday, and the next
day Saturday was when I received a letter from the Security Agents that I have
been relieved of my duties. So when the case commenced, I was not having
access to all the files”.
The Defendant’s counsel who was given opportunity to cross examine the Plaintiff
did not dispute this piece of evidence of the Plaintiff.
Again, the Plaintiff attached to his initiating application the said motion filed against
the trial judge to recuse himself and the ruling by the Court as ANNEXURE “1” &
“2”. At page four (4) of the ruling by the trial judge (Annexure “2”), the judge
commenting on the allegation that he was undergoing corruption proceeding
before the Plaintiff which has generated hostility and animosity stated as follows:
“It must be noted that the allegation of hostility and animosity are issues which
allegedly occurred long before the 1st accused/applicant was charged to court,
talk less of being made to appear before me. And suffice I tot state that the 1st
accused/applicant has appeared before me three times at the pre-trial phase of
this matter.”
From the above pieces of evidence adduced by the Plaintiff, and contrary to the
denial by the defendant, the Court finds as a fact duly proven, that the trial judge
was undergoing corruption proceedings before the Plaintiff when he was the
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