A former leader of the National Union of Road Transport Workers (NURTW), Mukaila Lamidi popularly known as Auxiliary, has applied for the presiding judge in his criminal trial to withdraw over alleged bias and breach of fair hearing.
The application targets Bayo Taiwo of the Oyo State High Court, Ibadan Division, asking the court to disqualify him from continuing proceedings in Charge No: I/74C/2024 between the State and Lamidi.
In a motion dated February 17, 2026 and filed under Section 36(4) of the 1999 Constitution (as amended), the defence argued there exists a “reasonable apprehension of bias” arising from events during the trial.
Lamidi’s legal team, led by Olalekan Ojo (SAN), contended that the judge had earlier recused himself on October 24, 2025 and returned the case file to the Chief Judge for reassignment and a trial de novo.
According to the defence, the court cannot reverse that position by continuing the proceedings.
The application followed an incident on April 4, 2025 when prosecution counsel were allegedly seen leaving the judge’s private chambers before proceedings, in the absence of the defendant and his lawyers.
The defence immediately objected in open court, describing the interaction as improper ex parte communication.
Justice Taiwo reportedly explained the lawyers came to collect the court’s 2025 diary, but Lamidi’s counsel insists the incident created doubts about impartiality and weakened public confidence in the judicial process.
The defence further alleged that when the judge withdrew from the case in 2025, the reasons communicated to the Chief Judge did not fully reflect what transpired in court.
A petition also accused the judge of concealing material facts relating to the earlier withdrawal.
Relying on constitutional fair-hearing provisions and the Code of Conduct for Judicial Officers, the defence argued justice must not only be done but must also be seen to be done, warning that perceived partiality could “pollute the stream of justice.”
Lamidi therefore urged the court to grant the application in the interest of justice and preserve confidence in the judiciary.
As of press time, neither the judge nor the Oyo State judiciary had issued an official response, while the prosecution team had also not commented.
The matter is scheduled for hearing today.
Reporting by Wahab Akinlade