BY GBOLAHAN GBADAMOSI

It was learnt yesterday that Justice Bolaji Yusuf, who declared the removal of Alhaji Ladoja illegal has withdrawn from handling the case.

Justice Yusuf reportedly took the action following a flood of allegations of financial inducement against her by some officials of the state government.

Among those that allegedly accused the judge of bias and financial inducement are the 18 legislators loyal to Ladoja's political mentor now his arch-rival, Alhaji Lamidi Adedibu.

Yusuf, an Obafemi Awolowo University (OAU) Ile Ife trained lawyer before she was appointed to the Bench had on January 12 declared as illegal, the inauguration of the panel that investigated the alleged misconduct by Ladoja.

Following her ruling, which legally gave Ladoja reprieve, Justice Adeniran and the pro-impeachment lawmakers, filed an application before the trial judge challenging the jurisdiction of the court to entertain the matter.

They argued that an application bordering on jurisdiction ought to take procedure over any other.

But Justice Yusuf, who started her legal practice in the Chambers of Chief Bandele Aiku (SAN) in Ibadan, ruled that she would give priority to the application by three lawmakers opposed to the impeachment. The lawmakers had sought a referral of the case to the Court of Appeal for proper interpretation of some sections of the 1999 Constitution on the saga.

"In the instant case, it is my view and I so hold that the application for reference to the Appellate Court should be heard first and if it succeeds, the court will ascertain what questions are to be referred, and if there is any issue outstanding subject to the above conditions, they will be determined before the reference to the Court of Appeal," Justice Yusuf held.

She subsequently adjourned hearing to Monday, January 30.

But as at yesterday, several motions and counter-motions had been filed by the parties, among which was allegation of bias and financial inducement against the judge.

One of the 18 lawmakers in a motion filed last Tuesday sought the transfer of the case to the Acting Chief Judge for re-assignment. Hon. Taiwo Oluyemi who deposed to the 14-paragragh affidavit in support of the motion alleged that one Miss Awofolaju, a counsel for the 14 pro-Ladoja lawmakers was seen in the chambers of Yusuf attempting to bribe her with undisclosed amount of foreign currency.

But, Justice Yusuf who was appointed a judge in 1992 responded in an affidavit denying the allegations. Also Awofolaju in another affidavit said it was true she went into the judge's chambers in the presence of her secretary. The judge, she averred, only asked her whether the two senior counsel in the matter were around.

Awofolaju deposed further that the allegation was a "white lie" and a " cheap blakmail"

Justice Adeniran will have to re-assign the case file to another judge on or before Monday.

The trial of the persons suspected to have murdered former Justice Minister, Chief Bola Ige (SAN) on December 20, 2001 suffered similar fate with a number of judges disqualifying themselves from the case.

First, it was Justice Atilade Ojo, and then Justice Olagoke Ige. Ige declined to hear the case when it was alleged that he was already conversant with the proof of evidence with which the impeached former deputy Governor of Osun State and now Senator Iyiola Omisore would be tried.

When Justice Ige stepped down, the case file was assigned to Justice Moshood Abass and by July 30, 2003, Abass also announced his withdrawal on the grounds that he was under intense pressure from unexpected quarters and that his life was in danger. The matter was finally concluded by Justice Akin Sanda.