Judicial Rascality and Abuse of power: MAGISTRATE NSIKAK IBAGAN V ELIJAH ASUQUO
We consider it necessary to report some over flogged decisions and transfer of aggression of our judicial officers. Judiciary is the only hope of a common man and if the judicial officer descend into the arena of the bar to persecute innocent Individuals
On Wednesday 14th June 2017, the driver of Deeper Life Corpers fellowship Akwa Ibom State bus, Mr Elijah Asuquo was arrested by men of FRSC, and arraigned immediately before mobile court presided over by Learned Senior Magistrate Nsikak E. Ibagan.
Mr Elijah was arrested for offence of not possessing fire extinguisher in the corpers bus, when arraigned, he pleaded not guilty and presented the fire extinguisher before His Worship. Only to discover that the fire extinguisher has expired not knowing to Elijah. Immediately His Worship discovered that the fire extinguisher has expired, without option to defend himself or fine, The angry Magistrate convicted him and sentenced him to 7 days imprisonment without option of fine. Its not that he doesn't have fire extinguisher, he has but not knowing it has expired.

Eye witness and the FRSC prosecutor confirmed that the trial and sentencing of Elijah was transfer of aggression because some other people were arrested for not possessing at all and they argued with His Worship and were able to get option of fine. The Learned Senior Magistrate couldn't separate his emotions from case before him.
May I draw your attention to provision of Section 9(11) of FRSC establishment Act, it said anybody that commit and offence like not possession of fire extinguisher should be fined #3,000 or sentenced to Imprisonment IF HE REFUSED to pay the morning. Elijah was not given fine at all, the Magistrate decided to show him that he was powerful. He was convicted on Wednesday and taken to Ikot Ekpene Prison, yard, deeper life church instructed their counsel Oyeleke Oyeniran Esq to appeal the case and apply for bail pending appeal.
The procedure for filing notice of appeal and application for bail pending appeal were completed on Thursday and the matter(bail application) was listed to be heard by the same Magistrate on Friday the following day.
Before court sitting on Friday, he told his clerks to tell the lawyers on the two sides that he will take the application in his chambers on Friday after exhausting his cause list.

The Learned Magistrate called the lawyers to his chambers and noted error in their papers, that the application should be headed road safety court, not magistrate court. Our counsel pleaded with him to hear the motion since the error was not fundamental and can be amended with the leave of court since other party wasn't objecting. He insisted that he was not going to hear the application since the jail term will be completed on Monday.( Elijah's sentence runs concurrently, which means he will be in prison from Wednesday to Monday)
Though the prosecutor to the FRSC was not ready to object the application and further joined our counsel to plead that it should be corrected, his Worship insisted. Our counsel immediately rushed to nearby computer center and corrected the so called mistake, put bar seal, file the documents again and presented it before His worship. Because, we won't like Elijah to stay in prison for the weekend.

Since the Learned Magistrate has no other option than to hear the application and grant it since the other party is not objecting, immediately he saw the lawyer, he rushed into his car and vacated the court premises. All he has done was outrightly illegal, His Worship left the court and refuse to hear the application so as to satisfy his preposterous decision and to make sure Elijah completed the jail term as he so wish.

His worship got angry with other people arraigned before him who knew their right and stood by it, he by himself prosecuted Elijah, convicted him, sentenced him and personally ensured that Elijah was not released on legality. His worship in his chambers confirmed by his word and conduct that he really want to deal with Elijah as we were briefed by our lawyer after leaving his chambers. We dare to say that men like such should not be on the hallowed seat of Judiciary.

We will not want His Worship to get into trouble as a result of this, but we want Nigerians to know the following facts about his worship

1. Elijah was convicted and sentenced as a result of transfer of aggression by a Magistrate who couldn't manage his emotions well.

2. Even if Elijah was guilty, the Learned magistrate has not used his discretion very well, discretion should be judiciously and judicially used.

3. The Learned magistrate by way of technicality turned himself to antagonist to freedom of Elijah by delaying cunningly to hear the application of our counsel bearing in mind that the his sentenced will lapse on Monday.

4. The learned magistrate violated the law to please his conscience of imprison Elijah.

Conclusively, the power in the hand of his Worship has been corrupted, he is now using sentiment in his dealing. Elijah Asuquo in charge number MIK/MP/FRSC/059/2017 was convicted and sentenced to 7 days imprisonment by Nsikak Ibagan for not possessing functional fire extinguisher, the offence not known to law. Members of the public, "power corrupt, absolute power corrupt absolutely "

Kindly take note and put Elijah Asuquo in your prayers, while our attorneys will look for ways to quash the conviction and remove Ex- convict from Elijah's record. We don't want to join issues with Nsikak Ibagan Esq, but we want you to know what has happened .

Thanks.
Concerned corp members whose bus Elijah drove