REFUSAL OF JUDGE TO RECUSE HIMSELF IN A TRIAL AGAINST A HIV+ PERSON AFTER A CLEAR EXHIBITION OF ACTS PREJUDICIAL TO THE CASE BY THE COURT
Afolabi v. Afolabi 1/471 HD/2015
The case borders on petition for dissolution of marriage filed by Mr. Afolabi (Petitioner) against his wife at the high Court of Oyo State sitting in Ibadan. In the petition, the petitioner sought the dissolution of the marriage and custody of the only child of the marriage owing to his Wife HIV+ status. In the course of hearing, the Judge made remarks concerning the HIV status of the Respondent and the effect it would have on the child of the marriage when the child grows up and he is told that his mother (Respondent) is HIV positive. The remarks show that the court was already biased against the Respondent. As a result, the said Respondent no longer had confidence to get justice in the same court. When contacted, Lawyers Alert came into the matter and brought an application asking the judge to recuse himself from the case.
Upon moving and arguing the application, the trial judge refused the application, insisting that he did not see any reason to justify the grant of the application.