According to counsel Uzoma, in view of the court’s earlier ruling allowing PW5, John Belford the Judiciary Secretary to be recalled to give further evidence, they had filed a notice of grounds of appeal for a stay of proceedings, but the said notice of stay of proceedings had some errors.
He added that he subsequently received instructions from his client that he was no longer comfortable with the judge hearing this matter, because he feels there was likelihood that the court would be bias toward the matter, and urged the judge to excuse himself from hearing the case.
In response, the state counsel, Maurice Agaih, stated that it was law that a motion should be supported by an affidavit, but there was no motion before the court, because there was no affidavit in support of the motion filed by the defence.
He further argued that on the issue of bias, the defence was being speculative as there was no fact backing the speculation from the 1st accused.
He urged the court to continue hearing the case.
Wowo then talked to his counsel, who applied for a short stand down to regularize the filing of the motionm and his application was upheld.
After a stand down of the case, counsel said he had made a proper filing, and had filed a motion supported by a 17-paragraph affidavit.
Justice Wowo and Lamin A.M.S. Jobarteh were arraigned on a thirteen-count indictment which included abuse of office, conspiracy to defeat Justiceand interference with witnesses, offences relating to Judicial proceeding, to giving false informing to a public officer, at the Special Criminal Court in Banjul before Justice Emmanuel Nkea.
The case continues on 23 September 2013, for ruling on whether or not the judge would continue with the case.
