Leadership Dispute: Bayelsa Community Leader accuses Court Registrar, Customary Court of Appeal over alleged bias, seeks transfer of case
A Bayelsa Community leader, Comrade Fabiri Melford Alexander has accused the Chief Registrar of the Customary Court of Appeal, Bayelsa State, Nathan Tengi Ibuama, Esq. of alleged bias in his handling of a Community leadership dispute case involving him and two others at the Yenagoa Customary Court sitting at Onopa Area of the State capital urging the President of the Customary Court of Appeal to transfer the case to another Customary Court Panel in the overall interest of Justice.
The accusation was contained in a letter addressed to the President of the Customary Court of Appeal, through the Chief Registrar of the Court dated 11th day of July, 2024 and signed by the Community Development Committee (CDC) Chairman of Yenizue-gene Community, Yenagoa, Comrade Fabiri Melford Alexander.
According to the Petition, made available to newsmen in Yenagoa, Comrade Fabiri Melford Alexander who is the Plaintiff in the case claimed that Nathan Tengi Ibuama, Esq. had on two occasions dated 15th May and 10th July, 2024 in the suit numbered YCC/21/2024 rather than objectively preside over proceedings, “has to my discomfort and the surprise of the public present in court particularly the people of Yenizue-gene also present in court, been manifesting a disposition that is singularly aimed at directly or indirectly pacifying the Defendants who had applied to His Honour as Chief Registrar for the initial transfer/reassignment of the matter.”
“On the 15th of May and 10th of July, 2024, Nathan Tengi Ibuama, Esq. has serially descended into the arena of conflict and made utterances displaying explicit bias against me.”
“He has also from his utterances and interjections also shown a disposition that he is out to water down and sniff life out of the subsisting Ex Parte order of Injunction made by the previous panel even though by the State of the law as contended by my counsel in Court, a trial De Novo does not affect orders/ruling made by former judge before commencement of trial.”
“That the option open to a party dissatisfied with the order/rulings is to appeal; that a Judge cannot reverse, vary or alter the decision or order of another Judge of coordinate jurisdiction. But despite the state of the law, Nathan Tengi Ibuama Esq has made utterances that show he is out to upend the law and do whatever it takes to pacify the defendants who he considers as persons that lodged a complaint to him necessitating the transfer/reassignment of the matter from the previous panel to his panel.”
“As the plaintiff, I hereby state unequivocally that I have totally lost confidence and trust in the impartiality of Nathan Tengi Ibuama Esq the Presiding Chairman of the present panel and hereby humbly apply for the transfer of the suit numbered YCC/21/2024 between Comrade Fabiri Melford Alexander Vs Famvie Maxwell and another from the present panel to another Customary Court panel in the overall interest of Justice.”
“Though the case is scheduled to come up on the 16th of July, 2024, it is hoped that the Petition which is addressed to the President of the Bayelsa State Customary Court of Appeal will be looked into by the President as soon as possible in the overall interest of justice”.
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