- NBA, CSOs, Others Weigh In
…Call For immediate action
More revelations and controversies continue to trail Chief Justice Ekaette Obot’s order, remanding a human rights lawyer, Mr. Inibehe Effiong in jail for one month over contemptuous behaviour in court.
Mr. Effiong was ordered to use the correctional facility as a deterrence against alleged dishonourable behaviour that tends to bring the court into disrepute.
Before her order on Wednesday, the Chief judge of Akwa Ibom state, Justice Obot had on several occasions expressed bitterness at the manners in which Mr Effiong adopted to prosecute cases in her court.
History of rage and threats
Since 2020, the lawyer, Inibehe Effiong has been involved with altercations in the courtroom with Justice Obot who had rebuked the vibrant and vocal lawyer, “stop fighting my governor” in a suite HU/MISC.4/2019 between MR ENEFIOK EKEFRE VS. GOVERNOR OF AKWA IBOM STATE & ANOR.
In 2021, Justice Obot lashed out, “You don’t stand before me and talk nonsense,..You are not on Channels Television, neither are you on Akwa Ibom Broadcasting Television, ”. This was her response when the court objected Effiong’s application for extension of time insisting that “Preliminary objections are taken first in every proceeding, especially when it touches on jurisdiction.” while effiong persisted that “Notwithstanding that preliminary objection is on jurisdiction, provided there is an application before the court for extension of time that application must be taken first”.
In 2022, Justice Obot was said to have repeatedly warned that she will jail him.
Effiong had constantly accused the Chief Judge of being biased and as such should recuse herself from handling the case between Effiong’s client, LEO EKPENYONG VS GOV. UDOM EMMANUEL. Mr Effiong had described Justice Obot ruling as “miscarriage of justice” and breached of the Nigerian Constitution in its December 15, 2020 judgment against his client, Leo Ekpenyong. The court had ordered Mr Ekpenyong to pay N150 million as damages to Mr Bob and N1.5 billion to the governor as general damages for libel.
On the 2nd of july 2022, Premium Times reported that Justice Obot repeatedly threatened to send a defence counsel, Inibehe Effiong, to prison in a suit in which Governor Udom Emmanuel of Akwa Ibom State is a party. “I will send you out of there now, remove that robe and send you to prison by the time you go to the Court of Appeal and come back. What is this? You are overstepping your bounds,” the report stated.
Rights of the Court and Citizens
The New Diplomat learnt a Premium Times reporter, Saviour Imukudo had been a keen follower of the case involving Governor Udom and hence became an authority. Also his experience in practice should have availed him the rules of court and acts that are contemptuous such as videoing the court process. A reliable source at Premium Times told our reporter that contrary to claims in some reports, Imukudo was not making any video of the court proceedings with his phone.
Contempt of court according to Collins Dictionary is the criminal offence of disobeying an instruction from a judge or a court of law.
While the court has the right to protect its dignity and decorum, trouble began when the State High Court judge ordered the Premium Times reporter to leave the courtroom for not having ‘her permission’ to cover the proceedings.
Mr Effiong reported outside the court that “The Chief Judge of Akwa Akwa Ibom ordered a Premium Times reporter to leave the court. I said my lord, we were thinking that since the proceeding is public, members of the public should be allowed to observe the proceeding. My Lord asked me to proceed with cross-examination.
“I obeyed. I informed the court that I was not feeling comfortable and safe having two armed mobile policemen seated inside the courtroom, that it was strange and that I felt unsafe. I applied for the judge to excuse the armed policemen from the courtroom.
“But The Hon Chief Judge then ordered me to step out of the Bar, that she was sending me to prison. She then ordered the policemen to take me to Uyo prison. And that I should be in jail for one month.”
The constitution gives rights to the journalist to educate the public and section 22 authorized the journalist with powers to hold government officials accountable.
The motives of the judge and the counsel
The drama that played out in the State High court, Uyo on Wednesday 27th july 2022 left many questions about the motives of the principal actors. Why did Mr Effiong insist on the Premium Times reporter to stay? Why did the judge order armed policemen into the courtroom whereas there was an orderly, and court duty police?
An eye witness said there were other journalists in the court, another witness reported that the judge was not hasty in slamming Effiong rather that Effiong refused to follow orders and was “grandstanding”.
Who is right, the procedure or the law?
Another salient point to consider in the drama is the right of a lawyer to seek that a judge should let go of a case on the grounds of bias. Did Mr. Effiong did the right thing in a wrong way?
A journalist, Ndon Asian reported that he had never in 21 years of practice seen a lawyer address a judge like Mr. Effiong did with disrespect.
Samuel Ikpo, counsel to Governor Udom Emanuel said he was shocked that a lawyer could utter such damning and profane utterances against a judge.
“I believe that when he comes out of the correctional facility, he will learn how to conduct himself before a court.
He wondered why Inibehe could disobey an order given to him by the judge, who asked him to take off his wig and step aside from the bar and he chose to remain obstinate.
“A lawyer should not allow himself to use one client to destroy his reputation before all the judges.
“I think Justice Obot has really been patient with him all these while, even as a lawyer, I could not tolerate the young lawyer’s conduct,” Barr Ikpo stated.
Another lawyer and public analyst , Barr. Sammy Etuk observed that a lawyer is supposed to show decorum even in the face of provocation.
NBA Reacts
Meanwhile the Nigerian Bar Association, (NBA) chairman in Akwa Ibom State , Mr. Ememobong Nicholas confirmed the body made attempts on behalf of Inibehe Effiong on Wednesday. “It is quite unfortunate that this happened. The court reserves the right to protect the dignity of the court and defend people in the court. I went there and saw Inibehe first and then the chief judge trying to plead and intervene.
“The court does not make an order in tacit. We are still trying to use the most reconciliatory approach so that we can sort out the matter. If we want to take it the way the society might want, the circumstances won’t be too favourable to him. Because if you file an appeal now to vacate that order, the Court of Appeal is ready to go on recess.” Nicholas said.
Incidentally, the Akwa Ibom NBA is hosting their Bar meeting on Friday 29th July 2022 and it is reportedly ready to set up a high powered committee to impress on the chief judge for Inibehe Effiong’s release.
Also, Mr. Olumide Akpata, NBA national President on Thursday mandated the association’s 1st Vice President to visit Uyo immediately and join forces to release their member, Mr Inibehe Effiong.
“While not going into the merits of this particular matter yet, suffice it to say that the NBA is strongly opposed to, and will continue to resist all attempts to intimidate, threaten or harass our members while properly carrying out their professional responsibilities.
“The NBA will also not condone acts of indiscipline and insubordination against judicial officers from our members no matter the provocation. Ours is a rule-based profession and there is a procedure for airing grievances. The NBA 1st Vice President will also conduct fact finding investigation to determine what transpired and recommend next steps.” Mr. Akpata stated.
It’s Judicial Rascality That Hurts — CSOs
About 25 civil society organisations have so far signed a statement demanding the immediate release of the Human Right lawyer.
Mr. Ken Henshaw, the Executive Director, We the People, a center for social studies and development said the ruling by Justice Obot was Judicial rascality.
“This is what happens in a State where administration of justice is compromised on the altar of politics. Here, a chief judge feels that their appointment by the governor means loyalty, doing whatever the governor wants. It is immoral.”
The question most of the CSOs are asking is: what did Inibehe Effiong did wrong by defending his clients?
Another CSO boss, Mr Saviour Akpan of COMPPART, challenged the judge to come out with a statement to back up her reason to jail the Human rights lawyer.
“What is happening to Inibehe Effiong is an overbearing attitude of an irresponsible government that disrespect the rule of law, and fundamental freedom.”
Mr Akpan emphasized that if Inibehe’s account of what transpired in the courtroom is true, “For the chief judge to keep quiet 24 hours after the incident without issuing a press release on exactly what happened means that she disrespects accountability to performance. And that is an insult to the collective sensibility of the civic space in Nigeria.”
It would be recalled that governor Godswill Akpabio faced a similar CSO attack when the current Vice President resident, Yemi Osinbajo led about 50 litigants to defend Sen. John Udoedehe in 2011.
A retroactive law was passed by the House of Assembly to try and jail Udoedehe, the ACN governorship candidate. A magistrate court headed by Chief Magistrate Edet Obot denied Udoedehe bail and plea for custody in the police station.
Meanwhile, Mr Inibehe Effiong yesterday lamented that he was not allowed to say anything before the “conviction”.
“Two lawyers in the court appealed to the Hon Chief Judge but my Lord insisted that I must be jailed”. Effiong said.
